Wasim v. State of U.P.

Court No. - 33

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22580 of 2018

Applicant :- Wasim Opposite Party :- State Of U.P. Counsel for Applicant :- Jagdish Prasad Mishra Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

Heard Sri Jagdish Prasad Mishra, learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

Learned counsel for the applicant has contended that the applicant is absolutely innocent and has been falsely implicated in the present crime with a view to cause unnecessary harassment and victimize him. There is no implication of the applicant prior to this incident. The applicant who is in jail since 10.04.2018 having no criminal history to his credit, deserves to be released on bail. In case the applicant is released on bail he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage who is involved in supplying contraband, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will again indulge in similar activity.

Without expressing any opinion on the merits, let the applicant Wasim involved in case crime No. 430 of 2018, under Sections 380, 457, 411 IPC, P.S. Kotwali Nagar, District- Muzaffarnagar be released on bail on his