Aarif v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33854 of 2018

Applicant :- Aarif Opposite Party :- State Of U.P. Counsel for Applicant :- Azhar Hussain Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Azhar Hussain, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the alleged incident is said to have taken place on 23.6.2018 and first information report of the same was lodged on 26.6.2018 for which no plausible explanation has been given by the prosecution, which itself falsify the prosecution story. It is further submitted that the victim is a major girl as is authenticated by medico-legal report, a copy of which has been annexed as annexure-SA-2, to the supplementary affidavit dated 12.9.2018, which has been filed in the connected Criminal Misc. Bail Application No.34140 of 2018. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.7.2018. It has been pointed out that the applicant has no criminal history.