amiruddin v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3556 of 2018

Applicant :- Amiruddin Opposite Party :- State Of U.P. Counsel for Applicant :- Adya Prasad Tewari,Shahnawaz Khan Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

On 16.4.2018 and 12.92018, this Court had granted time to learned A.G.A. for filing counter affidavit but the same has not been filed as yet. Upon being questioned, no plausible explanation has been given by learned A.G.A. for not filing the counter affidavit.

Heard learned counsel for the applicant, Sri Janeshwar Bankata, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. Neither any direct nor circumstantial evidence on record against the applicant. He next submitted that specific allegation has been made against the main accused Rajan Nishad. He further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. Further submission is that applicant who is in jail since 17.12.2017 has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.