Salman v. State of U.P.

Court No. - 62

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44493 of 2018

Applicant :- Salman Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Atul Kumar, learned counsel for the applicant, Sri Abhinav Prasad learned AGA appearing for the State and perused the material brought on record.

It has been submitted by the learned counsel for the applicant that applicant is not named in the FIR and has been falsely implicated in the present case due to ulterior motive. It is further submitted that false recovery has been shown nothing has been recovered from the possession of the applicant. It is further submitted that there is no evidence to connect the applicant with the present matter. There is no independent witness of the alleged offence/recovery. It is further submitted that there is one case of criminal history in which applicant is on bail and has been explained in paragraph 12 of the affidavit filed in support of bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It is further submitted that applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 11.9.2018 and undertakes that he will not misuse the liberty, if granted.

Learned A.G.A. has vehemently opposed the prayer.