Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43832 of 2021 Applicant :- Asif Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Singh Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. He added that how was it possible that rape was committed and the entire FIR is silent or there is no whisper in the same regarding any offence being committed under Section 376 IPC. The story was developed in collusion with the police in order to exert pressure upon the applicant which pressure was disowned and rejected by the applicant by tooth and nail and that became the cause of FIR being lodged against the applicant. The prosecutrix is major and there was no occasion ever to commit the offence in question. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 01.09.2021 in the present case.
The learned A.G.A. has vehemently opposed the prayer.
Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.
Let the applicant- Asif involved in case crime no.348 of 2021, under Sections 498A, 323, 452, 504, 506, 376 IPC and Section 3/4 D.P. Act, Police Station Sahaswan, district Budaun be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Digitally signed by Justice Arvind Kumar Mishra Date: 2021.10.27 16:46:02 IST Reason: Document Owner Location: High Court of Judicature at Allahabad Order Date :- 27.10.2021/Raj