Court No. - 73

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49170 of 2022

Applicant :- Sarvan Yadav

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

Counsel for Applicant :- Karuna Nand Tiwari

Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

There is allegation against the applicant of commission of offence of rape

and threatening against a married woman.

Learned counsel for the applicant submits that the first information report

was lodged on 27.04.2017 under Sections 452, 323, 504, 506, 427 I.P.C

from the applicant side wherein PW-3, Sailesh and PW-1 Gaya Maurya in

the complaint in dispute were accused. Present complaint was lodged by

the victim after lodging of the aforesaid first information report on

08.05.2017 only to make out the defence. The incident alleged is of the

same day. It has been submitted that the applicant is in jail since

04.09.2022 and he has been falsely implicated in this case.

Learned AGA has opposed the prayer for bail but could not dispute the

above submissions.

Keeping in view the nature of the offence, evidence, complicity of the

accused, submissio