Nadeem v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29405 of 2019

Applicant :- Nadeem Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

Hon'ble Krishna Pratap Singh,J.

Heard learned counsel for the applicant as well as 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 neither the applicant was apprehended on the spot nor any incriminating articles were recovered from the possession of the applicant. It is also submitted by the learned counsel for the applicant that the alleged recovery of cattle and other incriminating articles shown in the FIR is false, fabricated and concocted. In fact, no such recovery was effected from the possession of the applicant. Learned counsel for the applicant submits that the applicant has no concern with the alleged recovery. There is no public witness of the alleged recovery. It is also submitted by the learned counsel for the applicant that co-accused Asif, who was apprehended on the spot, has been granted bail by this Court vide order dated 17.05.2019 in Criminal Misc. Bail Application No. 20715 of 2019. 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 12.06.2019. 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.