Islam v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30384 of 2019

Applicant :- Islam Opposite Party :- State Of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.

Hon'ble Krishna Pratap Singh,J.

Heard Mr. Madan Singh, learned counsel for the applicant as well as Mr. Sushil Kumar, 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 by the police. 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 beef and other incriminating articles is false, fabricated and concocted. In fact, no such recovery was effected from the possession of the applicant. The applicant is not named in the FIR. 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 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 25.06.2019. 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.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.