Uvais v. State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45850 of 2019

Applicant :- Uvais Opposite Party :- State of U.P. Counsel for Applicant :- Anand Pati Tiwari,Sacchida Nand Prajapati Counsel for Opposite Party :- G.A.

Hon'ble Rajendra Kumar-IV,J.

Supplementary affidavit filed by learned counsel for the applicant, is taken on record.

Heard Sri Anand Pati Tiwari, learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.

Accused-applicant, involved in Case Crime No.158 of 2019, under Sections 392, 411, 34 I.P.C., Police Station Sikandra, District Kanpur Dehat, applied for bail.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case; he has committed no offence; prosecution story is false and fake. It has further been submitted that the applicant was not named in F.I.R. He was arrested by police in a police encounter on the basis of information given by police informer. It has further been submitted that nothing has been recovered from the possession of applicant and the alleged recovery of Rs. 18,000/shown from the possession of applicant is totally false and fake. There is no eye witness of the incident. He further argued that all the offences are triable by Magistrate. He further pointed out that co-accused Prabal Kumar Yadav, Vijay Shakya, Saurabh and Buntay @ Irshad have already been granted bail by coordinate Bench of this Court vide orders dated 23.10.2019, 13.9.2019 and 25.9.2019 in Criminal Misc. Bail Application No. 44264 of 2019, 44302 of 2019, 35482 of 2019 and 38921 of 2019 respectively and the case of the applicant stands of identical footing, hence the applicant is also entitled for bail on the ground of parity. Applicant is in jail since 13.7.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.