Imtiyaz v. State of U.P.

Court No. - 22

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29 of 2018

Applicant :- Imtiyaz Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Ker Singh Counsel for Opposite Party :- G.A.,Rajeev Kumar Rai

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, Sri Pramod Kumar Tripathi, holding brief of Sri Rajeev Kumar Rai, learned counsel for the complainant and learned A.G.A. for the State.

According to the prosecution case the F.I.R. was lodged against seven accused persons including the applicant, namely, Imtyaz, Gulnoor, Rashid, Arif, Sakib, Shahrukh and Kasif alleging that accused Shahrukh, Sakib and Arif with firearm, accused Imtyaz, Rashid with knife and this accused Gulnoor with lathi assaulted injured Swaib, Asraf, Abdulrahman and Majid.

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case; there is cross case in crime no. 0420 of 2017, under Sections 147, 148, 149, 307 IPC; there is general allegation against all the accused, injures received by injured are simple in nature; there is no independent witness against the applicant; the applicant is in jail since 06.11.2017 (more than three months) in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial; co-accused namely Gulnoor, Arif, Sakib have been enlarged on bail by this Court vide order dated 3.1.2018 and 01.02.2018 passed in Criminal Misc. Bail Application No. 49676 of 2017 & 3548 of 2018; since the role of the applicant is not distinguishable with the role of coaccused, therefore, the applicant is also entitled for bail.