Shafik v. State of U.P.

Court No. - 42

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21745 of 2020

Applicant :- Shafik Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

Hon'ble Bachchoo Lal,J.

Heard Sri Kuldeep Kumar, learned counsel for the applicant, Sri M.C. Chaturvedi, learned Additional Advocate General assisted by learned A.G.A for the State through the video conferencing and perused the record.

Learned counsel for the applicant submits that the applicant is not named in the first information report and after five months of the alleged incident the applicant was summoned through B- Warrant from jail and thereafter false recovery has been planted against the applicant. The alleged recovery has been made after five months of the alleged incident. There is no independent witnesses of the alleged recovery. The applicant is having qualification of B.S.C., I.I.T. and is doing the preparation of higher education but due to enmity of neighbour the applicant has falsely been implicated in the present case. The criminal history of the applicant has been explained in paragraph nos. 9 and 10 of the affidavit filed in support of bail application.The applicant is languishing in jail since 14.2.2020.

Per contra, learned Additional Advocate General opposed the prayer for bail.

Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.