Afzal v. State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31139 of 2019

Applicant :- Afzal Opposite Party :- State Of U.P. Counsel for Applicant :- Pusp Raj Singh,R.P.S. Chauhan Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant and the learned A.G.A.

This is a bail application on behalf of the applicant Afzal in connection with Case Crime No.44 of 2019, under Sections 147, 332, 353, 386, 324, 504, 427, 506 I.P.C. & 3A, 3B, 4 Medical Protection Act and 3/4 Medical Protection Act, P.S. Tindwari, District Banda.

The submission of learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case with the ulterior motive. He submitted that the applicant was not named in the first information report and his name has surfaced during investigation. He further submitted that the coaccused, who were named in the first information report has been admitted to the concession of bail by another Bench of this Court by orders dated 27.05.2019, 31.05.2019 and 07.06.2019 passed in Criminal Misc. Bail Application Nos.22153 of 2019 (Varun Yadav), 23050 of 2019 (Atul Yadav) and 23715 of 2019 (Hafizul Islam), copy whereof has been annexed on page nos.62 onwards of the bail application. He claims parity. He submitted that there is no previous criminal history of the applicant. He submitted that all the offences are triable by the court of Magistrate. He submitted that the applicant is languishing in jail since 08.07.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.