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2023 Supreme(Online)(ALL) 8233

ALLAHABAD HIGH COURT
VISHU – Appellant
Versus
State – Respondent


Court No. - 43

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30595

of 2022

Applicant :- Vishu

Opposite Party :- State Of U.P. And 3 Others

Counsel for Applicant :- Mohit Kumar Singh,Sujata

Choudhary

Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Birla,J.

Heard Ms. Sujata Chaudhary, learned counsel for the applicant

and Sri Ratan Singh, learned A.G.A. appearing for the State.

Second supplementary affidavit filed today is taken on record.

Present bail application has been filed on behalf of applicant

seeking his bail in connection with Case Crime No. 135 of

2022, u/s 328, 376(3) IPC and Section 3/4 of POCSO Act, P.S.

Civil Line, District Meerut.

By drawing attention to the statement of the victim recorded as

PW-1 it is submitted that she has not supported the prosecution

version and she stated in categorical terms that no rape was

committed upon her and the first information report was lodged

because of some minor dispute in the coaching institute and for

this reason out of anger and instigation of other person the first

information report was lodged. Attention was further drawn to

the statement of PW-2, father of the victim, which is also to the

same effect. Submission

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