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2025 Supreme(All) 38

IN THE HIGH COURT OF ALLAHABAD
Hon'ble Krishan Pahal,J.
Azhar Anis Usmani – Appellant
Versus
State of U.P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Kavish Suhail
For the Respondent: G.A.

JUDGMENT :

Krishan Pahal, J.

1. List has been revised. Supplementary affidavit filed by learned counsel for the applicant is taken on record.

2. As informed by learned A.G.A., notice has been served to the informant on 25.7.2024.

3. Heard learned counsel for the applicant as well as Sri V.K.S. Parmar, learned A.G.A. for the State and perused the material placed on record.

4. Applicant seeks bail in Case Crime No. 162 of 2023, U/S 376-D IPC , Police Station Cantt, District Prayagraj, during the pendency of trial.

ARGUMENTS ON BEHALF OF THE APPLICANT:

5. The applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. He has nothing to do with the said offence. The FIR is delayed by nine months and there is no explanation of the said delay caused.

6. The victim major, aged about 27 years. There is no medical corroboration of the allegations made in the FIR.

7. The victim has escalated the allegations in her statement recorded u/s 164 Cr.P.C. The examination-in-chief of the victim was going on but the same could not be completed on 19.2.2024 because of non-availability of her statement recorded u/s 164 Cr

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