Zulfam v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16915 of 2018

Applicant :- Zulfam Opposite Party :- State Of U.P. Counsel for Applicant :- Sudhanshu Singh Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Supplementary affidavit filed today is taken on record.

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

According to prosecution case, F.I.R. was lodged against unknown persons alleging that on 16.03.2015 some unknown persons looted the property of Gopeswar Singh and his wife and assaulted them, they received injuries, resultantly died; subsequently Rakesh Husain @ Rasid, Salman, Zulfan, Faheem @ Shankar, Azad, Sattar and Banti were arrested by the Police and they confessed that Salman, Rakesh and Tanveer @ Sunny have committed this offence some recovery was made out on their pointing out.

Learned counsel for the applicant submitted that the co-accused Tanveer @ Sunny, Rakesh Hussain @ Rasi and Salman have already been enlarged on bail by Co-ordinate Bench of this Court vide order dated 10.07.2017, 25.10.2017 and 12.09.2017 passed in Criminal Misc. Bail Application No. 24827 of 2017, 24069 of 2015 & 24267 of 2016, copy of which has been taken on record; the role of the applicant is identical to the co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity; the applicant is not named in the F.I.R; the recovery which has been shown from this accused was false and planted by the Police; there is no possibility to get this case be decided shortly in near future; the applicant has been falsely implicated in the present case; the applicant is a very poor person; there is no independent witness against the applicant; in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; he is languishing in jail since 25.03.2015 (more than three years, one and half months) criminal history has been explained.