Fahim v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19829 of 2020

Applicant :- Fahim Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Mohd Faiz Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

Heard learned counsel for the applicant through video conferencing, learned AGA for the State and perused the record.

Learned counsel for the applicant submits that the applicant is not named in the first information report. The F.I.R. was lodged against unknown. After five months of the alleged incident the applicant was arrested by the police in a police encounter case along with accused Shan Mohammad. Thereafter applicant has falsely been implicated in this case. Nothing incriminating has been recovered from the possession of the applicant or on his pointing out. The applicant has no concern with the alleged incident. No identification of the applicant has been held. There is no cogent evidence to connect the applicant with the alleged offence. After arrest of the applicant he has also been implicated in 3 other cases in which the applicant has been granted bail. Criminal history of the applicant has been explained in paragraph no. 7 of the affidavit filed in support of bail application. The applicant is in jail since 23.5.2020.

Per contra, learned AGA opposed the prayer for bail.

Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.