Amir Suhail v. State of U.P.

Court No. - 41

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21737 of 2019

Applicant :- Amir Suhail Opposite Party :- State of U.P. Counsel for Applicant :- Pradeep Kumar Singh,Ashish Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of the alleged incident was lodged after 9 days of the incident against unknown. The name of applicant came into light in the statements of Irshad Ahmad and Sonu Gupta @ Jhooley Lal. In the statement of Irshad Ahmad it has come that he had seen the applicant and coaccused Asif Jamal going with deceased on 28.1.2019 in the evening. In the statement of Sonu Gupta @ Jhuley Lal it has come that that the applicant called the deceased by phone and thereafter Ahira committed marpit with deceased. It has further been submitted that except the evidence of last seen there is no other cogent evidence against the applicant. There is no direct evidence against the applicant. The recovery of stone and mobile of deceased has been shown on the pointing out of applicant. In fact false recovery has been planted against the applicant. The applicant has not committed the alleged offence. There was no motive to the applicant to commit the alleged offence. The applicant has no criminal history and is in jail since 8.2.2019.

Per contra; learned A.G.A. has opposed the prayer for bail.