Aftab v. State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39637 of 2019

Applicant :- Aftab Opposite Party :- State Of U.P. Counsel for Applicant :- Gavendra Kumar Mishra 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 Aftab in connection with Case Crime No.313 of 2019, under Sections 395, 412 I.P.C., P.S. Pilakhuva, District Ghaziabad.

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 coaccused Asif has been admitted to the concession of bail by this Court by order dated 26.09.2019 passed in Criminal Misc. Bail Application No.40005 of 2019. He submitted that the applicant is languishing in jail since 17.07.2019 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.

Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the co-accused Asif has been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.