Yusuf v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1564 of 2018

Applicant :- Yusuf Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Syed Ali Imam, learned counsel for the applicant and Ms. Poonam Singh Sengar, learned A.G.A. appearing for the State.

Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that there was no independent eyewitness, who could corroborate the recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been place forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 10.07.2017. The applicant has no other reported criminal antecedent.

Learned A.G.A. opposed the prayer for bail.

Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicant is entitled to be released on bail in this case.