Deepak v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12316 of 2019

Applicant :- Deepak Opposite Party :- State Of U.P. Counsel for Applicant :- Kaushal Kishor,Gaurav Kakkar Counsel for Opposite Party :- G.A.

Hon'ble Krishna Pratap Singh,J.

Supplementary affidavit filed on behalf of the applicant is taken on record.

Heard Mr. Gaurav Kakkar, learned counsel for the applicant as well as Mr. B.B. Upadhyay, learned AGA for the State and perused the material placed on record.

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that the applicant is fabricator and has not involved in the manufacturing of country made pistol. It is also submitted by the learned counsel for the applicant that recovery of pistol and other incriminating articles is false, fabricated and planted. In fact no such recovery was effected from the house of the applicant. There is no independent or public witness of the alleged recovery. It is next submitted by the learned counsel for the applicant that co-accused of the case, namely, Irfan, who is the driver of the vehicle, has been granted bail by the court below. The applicant has no concern with the alleged vehicle. The name of the applicant has been surfaced in the statement of the co-accused Irfan. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 28.01.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail.