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3. The present bail applicat ion has been m oved on behalf of t he applicant , nam ely, Meena Kholiya, aged about 42 years w/ o Shri Pushkar Singh Kholia r/ o Village Nagla Tarai, Jhankaiya, Dist rict Udham Singh Nagar.

4. Bot h t he applicant s / accused are in j ail in FI R No. 85/ 2024, under Sect ions 127( 2) , 61( 2) , 64( 1) of Bharat iya Nyaya Sanhit a, 2023, regist ered at Police St at ion Jhankaiya Dist rict Udham Singh Nagar

5. At t he out set , it is cont ended t hat t he com plainant / prosecut rix lodged t he FI R on 25.09.2024, alleging t hat applicant No. 1, Meena Kholiya, invit ed her t o her place at Nagla Tarai. At about 7-8 p.m ., Meena called her nephew, t he ot her applicant / accused, nam ely Manohar, and inform ed t he prosecut rix t hat t hey would have dinner t oget her. Around 9 p.m ., Manohar brought a bot t le of whiskey, and he, along wit h Meena, st art ed drinking. The com plainant furt her st at ed t hat she was also offered a drink, but she declined. She alleges t hat Manohar t hen forcefully held her despit e her resist ance and sexually assault ed her. She furt her claim s t hat while Manohar was sexually assault ing and raping her, she at t em pt ed t o escape, but applicant Meena allegedly locked t he door from t he out side, t hereby assist ing Manohar in com m it t ing t he crim e.

6. I t is cont ended t hat all cont ent ions what soever narrat ed in t he FI R are false and m ade up. I t is said t hat t he applicant , Manohar Singh Kholiya, and t he inform ant / prosecut rix have known each ot her from t heir early days. Bot h of t hem were in cont inuous t ouch t hrough conversat ion on What sApp, which shows t heir binding friendship. This reflect s t hat bot h were in a relat ionship.

7. I t is furt her cont ended t hat Manohar Singh Kholiya is not only fam iliar wit h t he inform ant / prosecut rix but also a close friend of her husband.

8. On behalf of t he applicant Meena Kholiya, it is said t hat she is an elderly lady wit h t wo m arried daught ers and one em ployed son, and it is beyond t he t rut h t hat she will com m it such an offence as alleged in t he FI R. I t is said t hat t here is an age gap of 20 years bet ween applicant no 1- Meena Kholiya and her nephew- Manohar Singh Kholiya, and it is highly im probable t hat bot h aunt and nephew have drunk t oget her.

9. The learned counsels for t he applicant in bot h t he bail applicat ions have shown som e docum ent s before t his court suggest ing t hat t he inform ant / prosecut rix and applicant no.2, Manohar Singh Kholiya, were in a relat ionship. This is based on t heir What sApp chat .

11. Bot h t he bail applicat ions, as m ent ioned above, have been st rongly opposed by Mr. S.C. Dum ka, learned Addit ional Governm ent Advocat e, wit h t he cont ent ions t hat t here is enough evidence t hat would show t hat Manohar Singh Kholiya had asked t he report er/ prosecut rix t o cook food for him and on t he sam e day, i.e. 24.09.2024 at about 9 p.m . Manohar cam e hom e wit h a bot t le of liquor. He offered her a drink, but she refused. Lat er, t he applicant / accused, Manohar, forcefully st art ed t aking her t o t he room . Then t he prosecut rix t ried t o reach Meena, but Manohar followed her and t ook her forcibly t o her room by dragging her. The prosecut rix desperat ely t ried t o escape, but t he applicant - Meena bolt ed t he room from out side. This clearly shows t hat t he applicant / accused Manohar forcibly com m it t ed sexual int ercourse wit h her.