Laique v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19235 of 2019

Applicant :- Laique Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Sri Amit Rana, learned counsel for the applicant, Mr. Om Prakash Mishra, learned A.G.A. and perused the material on record.

The present bail application has been filed by the applicantLaique with a prayer to enlarge him on bail in Case Crime No. 273 of 2018 , under Sections 147, 148, 149, 307, 324, 504 and 506 I.P.C., Police Station-Kiratpur, District-Bijnor, during the pendency of the trial.

It has been argued by learned counsel for the applicant that as per the allegations made in the first information report dated 11st September, 2018 lodged by the victim herself, on 11th September, 2018 the victim was going to market for purchasing newspaper as she was working as journalist in Prabhat Newspaper and when she reached Muslim Fund Mohammad Loharan, she met Laeek (applicant herein) along with his sister, namely, Nazarana and on seeing him she got afraid because earlier entering into her house forcefully, they had beaten her and for the same she had lodged a first information report. On meeting, the applicant snatched her mobile. During conversation between the victim and the applicant about the earlier first information report, Rafique and Taufique (applicant herein) along with another unknown person came, Rafique and unknown person were armed with knife and Taufique (applicant herein) was armed with country made pistol. When Nazarana caught both the hands of the victim, the applicant with the intention of killing her, discharged fire shot upon her by his country-made pistol, due to which she sustained injury on left side of her chest and the applicant also discharged fire shot upon her by his country-made pistol. After being injured, she tried to run away, Rafique and unknown person assaulted her with the knives due to which she sustained injuries on left hand and left thigh thereafter she ran away from there and after people came, they ran away threatening the victim because of which the first information report has been lodged. It has been further argued by the learned counsel for the applicant that the real fact is that she is claiming herself to be wife of real brother of the applicant, namely, Taufiq, who is also co-accused in the present case stating that his brother Taufiq performed court marriage with the first informant in Delhi and lived together for about one