Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34767 of 2022

Applicant :- Aabid

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Abhai Saxena,Mazhar Ullah

Counsel for Opposite Party :- G.A.,Manoj Kumar Dubey,Vipul Kumar

Dubey

Hon'ble Dr. Gautam Chowdhary,J.

Learned counsel for the informant wants to file counter affidavit, but the

averments made in the counter affidavit is not the part of case diary, hence

rejected.

Heard Sri Abhai Saxena, learned counsel for the applicant, learned counsel

for the State, Sri Manoj Kumar Dubey, learned counsel for the informant

and perused the material on record.

This bail application under Section 439 of Code of Criminal Procedure has

been filed by the applicant Aabid, seeking enlargement on bail during trial

in connection with Case Crime No. 75 of 2022, under Sections 376, 506

I.P.C. registered at P.S.- Shahzadnagar, District- Rampur.

The submission advanced by learned counsel for the applicant is that the

applicant is innocent and has been falsely implicated in the present case

due to ulterior motive. It is further argued that the victim in her statement

recorded under section 164 Cr.P.C. has stated that she