Shakir v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38399 of 2018

Applicant :- Shakir Opposite Party :- State Of U.P. Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

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

According to the prosecution case the F.I.R. was lodged against unknown person alleging that on 4.4.2018 some articles were looted from the shop of the complainant. Later on, Shaukin, Furkan, Shakir and Sonu were arrested by the Police personnel and 15, 13, 9 and 14 mobiles were recovered simultaneously.

Learned counsel for the applicant submitted that co- accused Shaukin has been enlarged on bail by co-coordinate Bench of this Court vide order dated 28.9.2018 in Criminal Misc. Bail Application Nos. 37285 of 2018 and the case of the present applicant is identical with the case of the co-accused, who has been enlarged on bail; hence the applicant is also entitled for the same benefit; the applicant is languishing in jail since 8.4.2018 (near about six months); having no previous criminal history; no identification of person and property was done; the applicant is innocent and has been falsely implicated in the present case; there is no independent witness and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no previous criminal history and is identical with co-accused who has been enlarged on bail.