Irfan v. State of U.P.

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44202 of 2018

Applicant :- Irfan Opposite Party :- State Of U.P. Counsel for Applicant :- Haya Rizvi 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, F.I.R. was lodged against eight accused persons namely, Smt. Farjana, Chand, Aftab, Furkan, Imran, Saleem Bijnauriya, Bilal, Vakeel alleging that on 3.10.2018, 200 Kg. beef and some instruments for slaughtering were recovered from the place of occurrence and all accused persons fled away.

It is submitted by learned counsel for the applicant that recovery is false and planted. Co-accused namely Chand has already been granted bail by this Court vide order dated 13.11.2018 in Criminal Misc. Bail Application No. 42947 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There is no evidence to connect the applicant with the present matter. Applicant was not arrested on the spot. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 11.10.2018 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.