Azhar v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13169 of 2019

Applicant :- Azhar Opposite Party :- State Of U.P. Counsel for Applicant :- Raghvendra Prakash Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri R.Prakash, learned counsel for the applicant and learned AGA for the State and also perused the record.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and he has committed no offence. False recovery of 10-15 kg. meat of prohibited animal alongwith some incriminating articles was shown by the police from the possession of the applicant. The applicant is not named in the FIR and his name was disclosed in the confessional statement of the co-accused. He was not arrested on the spot. In fact, nothing has been recovered from his possession.There was no independent witness of the alleged recovery. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 2.1.2019.Co-accused Mehboob Ali & Arvind Sharma have already been released on bail by this Court on 14.3.2019 vide Criminal Misc. Bail Application Nos.11047 of 2019 & 11235 of 2019 respectively. The applicant has no other reported criminal antecedent.