Taufique v. State of U.P.

Court No. - 62

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45023 of 2018

Applicant :- Taufique Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Kamal Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Raj Kamal, learned counsel for the applicant, 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. Further submission is that applicant that general allegations have been made against the applicant the applicant has not committed the alleged offence. It is further submitted that there is no independent witness of the alleged incident. The victim has given statement under pressure of her family members. 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 15.9.2018, 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.