Alam v. State of U.P.

Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5475 of 2018 Applicant :- Alam Opposite Party :- State Of U.P. Counsel for Applicant :- Rakesh Kumar Mishra 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 the present appellant-Alam alleging that on 22.11.2017 he was arrested by the police personnel and one country made pistol and fifteen empty cartridges with other materials were recovered from the possession of the applicant.

Learned counsel for the applicant submitted that applicant is languishing in jail since 22.11.2017 (about nine months); criminal history of 12 cases have been explained; there is no independent witness against the applicant.The applicant is innocent and has been falsely implicated in the present case 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.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.