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Ashu Bhadauria vs State Of U.P. on 17 September, 2025

5. Learned counsel for the applicant argued that the applicant has been falsely implicated in the present case. It is further argued that the present case is a case of consent inasmuch as the relationship between the applicant and the victim was since the last one year which was consensual. It is further submitted that the story of the applicant threatening the victim and establishing forceful physical relationship is false and incorrect. The present case is a case where there was some discussion of marriage between the applicant and the victim which could not materialize. Learned counsel for the applicant to buttress his arguments has relied upon the judgements of the Apex Court in the case of Maheshwar Tigga Vs. State of Jharkhand : AIR 2020 SC 4535, Pramod Suryabhan Pawar Vs. The State of Maharashtra and another : 2019 0 Supreme (SC) 901 and Jaspal Singh Kaural Vs. The State of NCT of Delhi : SLP (Crl.) No.4007 of 2024. Learned counsel for the applicant has argued that the present case is a case of consent and under no circumstances it can be considered to be a case of rape. While placing para 23 of the affidavit in support of bail application and annexure no.S.A-2 to the supplementary affidavit dated 28.8.2025, it is submitted that the applicant is reported to be involved in total number of 16 cases including the present case but in all the cases, the implication of the applicant is false. The applicant is in jail since 3.6.2023.
Allahabad High Court Cites 8 - Cited by 0 - S Gopal - Full Document
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