Amir v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7048 of 2021

Applicant :- Amir Opposite Party :- State of U.P. Counsel for Applicant :- Ramesh Kumar Pandey,Arvind Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant and the learned A.G.A. for the State.

Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. He adds that the victim is the deponent of this case and she is the wife of the applicant. The real facts of this case are that the deponent/victim is major and her marriage with applicant was not accepted by her parents and due to which false and concocted FIR has been lodged by the informant against the applicant. The victim and the applicant established physical relation with consent of each other and at present both are husband and wife hence, offence under Section 376 IPC is not made out. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 12.11.2020 in the present case.

The learned A.G.A. has vehemently opposed the prayer.

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.