Akabar v. State of U.P.

Court No. - 14

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3996 of 2018

Applicant :- Akabar Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Prakash Singh Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Tripathi,J.

Heard Sri Ravi Prakash Singh learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This bail application has been moved by the accused-applicant Akabar, who is involved in Case Crime No. 077 of 2016 as well as Special S.T. No. 174 of 2016, under Section 3(1) of U.P. Giroh Band Avam Samaj Virodhi Kriya Kalp Niwaran Adhiniyam, 1986 Police Station - Amroha Dehat, District - Amroha/J.P. Nagar.

Learned counsel for the applicant contended that co-accused Naeem @ Naeemuddin is said to be gang leader. Co-accused Yamin and Saleem, having similar role as that of the applicant, have been enlarged on bail vide orders dated 03.11.2016 and 17.09.2016 passed by this court in Criminal Misc. Bail Application No. - 37855 of 2016 (Yamin v. State of U.P.) and Criminal Misc. Bail Application No. - 32040 of 2016 (Saleem v. State of U.P.), respectively annexed at Annexure Nos. S.A.-1 and S.A.-2, respectively in the supplementary affidavit. Hence, the present applicant is also entitled to be released on bail on the ground of parity.

Learned counsel for the applicant further contended that the applicant has been falsely implicated in the present case. No offence, whatsoever, is made out against the applicant, who is innocent. Absolutely vague and bald allegations have been levelled against the applicant. There are eight cases shown against the applicant in the gang chart, in which he is on bail. Copy of bail orders have been annexed at Annexure Nos. 3-10 of the affidavit appended to the bail application. The applicant has no other criminal history. The applicant undertakes that he will not misuse the liberty of bail, if the same is granted to him. The applicant is languishing in jail since 21.10.2015.