Waseem v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36996 of 2018

Applicant :- Waseem Opposite Party :- State Of U.P. Counsel for Applicant :- Santosh Kumar Pandey,Rajnish Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Rajnish Kumar Pandey, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

The submission of learned counsel for the applicant is that applicant has been falsely implicated due to enmity of election of village Pradhan. Further submission is that as per medical report no perianal injury has been found which goes to prove that no such occurrence has taken place as has been alleged. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 10.3.2018, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.

Learned A.G.A. has vehemently opposed the prayer.

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.