Sheebu v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30674 of 2018

Applicant :- Sheebu Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Counter affidavit filed on behalf of the State is taken on record.

Heard Sri Rakesh Kumar, learned counsel for the applicant and Sri Sanjay Singhi, learned A.G.A. appearing for the State.

According to the prosecution version the complainant lodged FIR against the applicant alleging that when the complainant alongwith police personnel were busy in patrolling duty an information was received from the informer that the accusedapplicant is hiding under the railway bridge. They immediately rushed there and surrounded the applicant and arrested him with 5 country made bombs.

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 due to ulterior motive and he has committed no offence. It is next contended that there is no independent witness of the alleged recovery of bombs whereas the incident is alleged to have taken in public place and all the witnesses are police personnel. In fact nothing has been recovered from the possession of the applicant and the police has planted the fake recovery of bombs from his possession. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed 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 20.6.2018. The applicant has long criminal history of 9 cases which has been properly explained in paragraph 10 of the supplementary affidavit filed in support of the bail application.