Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47820

of 2022

Applicant :- Faiz

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

Counsel for Applicant :- Vikrant Gupta

Counsel for Opposite Party :- G.A.,Pankaj Kumar Srivastava

Hon'ble Dr. Gautam Chowdhary,J.

1. Heard learned counsel for the applicant, Sri Pankaj Kumar

Srivastava, learned counsel for the opposite party no.2, learned

A.G.A for the State and perused the record.

2. It has been argued by learned counsel for the applicant that

the applicant is innocent and has been falsely implicated in the

present case. He further submits that there are material

contradictions between the statements of the victim recorded

under Section 161 Cr.P.C. and 164 Cr.P.C. He further submits

that in her statement recorded under Section 161 Cr.P.C. victim

has stated that she was having love with the applicant whereas

in her statement recorded under Section 164 Cr.P.C. she resile

from her previous version. He further submits that she was

medically examined and as per medical examination report, no

definite opinion about sexual assault can be given. It has also

been assured on behalf of the applicant that he is ready to

coopera