Afzaal v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19922 of 2020

Applicant :- Afzaal Opposite Party :- State of U.P. Counsel for Applicant :- Mohd Faiz,Irshad Ahmad 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 F.I.R. of the alleged incident has been lodged against 3 named persons including the applicant and one unknown on 5.9.2019 at 1.00 p.m. showing the incident to be taken place on 4.9.2019 at 11.00 p.m. in night. It has been further submitted that in the F.I.R. the role of catching hold to injured has been assigned to the applicant and the role of causing injury to injured has been assigned to co-accused Shahjeb. The applicant had not caused any injury to the injured. The real fact is that the applicant and his father along with uncle had gone to the restaurant of complainant for dinner on 4.9.2019. Some dispute arose with complainant and waiter. The complainant looted motorcycle of father of the applicant due to that dispute the complainant had lodged this false and frivolous F.I.R. against the applicant, his father and uncle. No such incident has taken place. The coaccused Mohammad Gyas who was not named in the F.I.R. has already been released on bail by another bench of this court vide order dated 16.4.2020 in Cr. Misc. Bail Application No. 11593 of 2020, therefore, applicant is also entitled for bail. The applicant is a student aged about 19 years. He has no concern with the alleged incident. There is no criminal history of the applicant and is languishing in jail.