Nasir v. State of U.P.

Court No. - 1 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23387 of 2018 Applicant :- Nasir Opposite Party :- State Of U.P. Counsel for Applicant :- Awadh Bihari Pandey Counsel for Opposite Party :- G.A. Hon'ble Ramesh Sinha,J.

Sri Rakesh Dubey, Advocate has filed his power on behalf of the complainant, which is taken on record.

Heard Sri A.B. Pandey, learned counsel for the applicant, Sri Rakesh Dubey, learned counsel for the complainant, Sri Amit Singh Chauhan, learned A.G.A. for the State and perused the record.

It has been contended by learned counsel for the applicant that FIR was lodged by the brother of the deceased namely Mohd. Naseem on 20.10.2017 about the incident dated 19/20.10.2017 naming the four accused persons and not the applicant. Subsequently he has moved an application dated 21.10.2017 stating that he has wrongly mentioned the name of the accused persons on 20.10.2017 and thereafter he had implicated the applicant. The wife of the deceased who was also present at the place of occurrence on the date of incident as it appears from the FIR did not suspect any participation of the applicant in the present case and subsequently she deposed against the applicant stating that there was some money dispute between the deceased and the applicant. After ten day of incident, recovery of Dye was made at the pointing out of the applicant which is false one. Except recovery of Dye, there is no other evidence against the applicant. So far as criminal history of the applicant of three cases is concerned, the same has been explained in para no.25 of the affidavit filed in support of bail application. The applicant is in jail since 27.10.2017.

Learned counsel for the complainant as well as learned AGA opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.