Aslam v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44371 of 2018

Applicant :- Aslam Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant and the learned A.G.A. for the State.

Argument on behalf of the applicant has been extended to the effect that in this case, applicant is not named in the FIR. He further submits that the applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from possession of the applicant. Criminal history of the applicant has been satisfactorily explained by the learned counsel for the applicant in paragraph no.8 to the affidavit filed in support of this bail application. Under the similar circumstances coaccused Asif Javed has been admitted to bail by this court on 12.11.2018, copy whereof has been produced by learned counsel for the applicant, the same is taken on record. The applicant is languishing in jail since 28.03.2018 in the present case.

The learned A.G.A. has vehemently opposed the prayer.

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering