Jamaluddin v. State of U.P.

Court No. - 74

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47266 of 2019

Applicant :- Jamaluddin Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

Vakalatnama filed today by Shri Rakesh Kumar Yadav, Advocate on behalf of informant is taken on record.

Heard learned counsel for the applicant and learned counsel for the informant as well as learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Initially one FIR was lodged in the present matter only for the offence under Sections 147, 148, 323, 308 IPC. Applicant was not named in the FIR. On the next day of incident, informant was interrogated and he named the applicant, although he claimed himself to be eye account witness. Had the applicant been involved in committing the present offence, his name must have come in the FIR itself. The applicant has no criminal history. He is languishing in jail since 27.06.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA as well as learned counsel for the informant opposed the prayer for bail and argued that although applicant is named in the FIR but on the next day, name of the applicant was made clear. Specific role has been assigned to the applicant. Informant is eye account witness.