LAWS(ALL)-2024-1-8

TAQDEER HUSIAN Vs. STATE OF U.P.

Decided On January 16, 2024
Taqdeer Husian Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Dharmendra Kumar Mishra, learned counsel for the appellant, learned AGA for the State and Sri Pavan Kumar Mishra, Advocate holding brief of Srees Kumar Srivastava, learned counsel for the first informant.

(2.) Present appeal has been filed for setting aside the impugned order dtd. 6/7/2022 passed by Special Judge (S.C./S.T. Act)/ Additional Sessions Judge, Court No.2, Unnao in Bail Application No. 1413 of 2022 arising out of Case Crime No. 621 of 2019, under Ss. 452, 376, 511, 323, 506 IPC and 3(1)Da, Dha of SC/ST Act, Police Station- Ganga Ghat, District Unnao.

(3.) Contention of learned counsel for the appellant is that though there is allegation of beating but there is no visible injury on the person of opposite party no.2. It is further submitted that version of the FIR is different from the version of statement recorded under Sec. 164 Cr.P.C. and impugned FIR is malicious as prior to above incident at the house of opposite party no.2 one Raja Mishra, who called the mother of the appellant to pay certain loan amount and tried to commit rape and thereafter, present proceeding was initiated just to pressurise the appellant.