Asif v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11189 of 2019

Applicant :- Asif Opposite Party :- State Of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

This case has been assigned by the Hon'ble The Chief Justice vide order dated 25.3.2019.

Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.

According to prosecution case, FIR was lodged on 26.8.2018 at 11:40 hour against two accused persons namely, Nagma and Shanu alleging that on 23.8.2018(daughter of complainant) was kidnapped for compelling her to marry. Later on, name of applicant was surfaced alleging that he was also indulged in the crime. Later on, on some dispute, she narrated against the applicant.

It is submitted by learned counsel for the applicant that the applicant is languishing in jail since 8.9.2018(more than six months) having no criminal history. He has been falsely implicated. On 25.8.2018 prosecutrix was married to him and on 4.9.2018 marriage was registered before the competent authority. He has been falsely implicated. The prosecutrix is major and she was consenting party. No offence under section 376 IPC is made out against the applicant. There is no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.