Babu v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38462 of 2018

Applicant :- Babu Opposite Party :- State Of U.P. Counsel for Applicant :- Zafar Abbas 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 11.2.2018 eight cartridges and single barrel gun of the complainant were looted. Subsequently, applicant was arrested by the Police personnel and said gun was recovered and he stated that Salim @ Mulla, Chhotey @ Imran, Babu, Durgi Shekhjada and Najim were also indulged in this crime.

Learned counsel for the applicant submitted that the applicant is languishing in jail since 5.8.2018 (two months); having no criminal history; no recovery was made from the possession of the applicant; 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 criminal history.