Mohsin v. State of U.P.

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23221 of 2020

Applicant :- Mohsin Opposite Party :- State of U.P. Counsel for Applicant :- Yogesh Kumar Mishra,Jitendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. It is next contended that the alleged recovery on the pointing out of the applicant and co-accused is false and frivolous. There is no independent witness of the alleged incident. It is further contended that prior to this case, applicant does not have any criminal history, but later on he has been implicated in Gangster Act also. It is contended that coaccused persons namely, Parvej, Farah @ Nithuri & Badarudoja @ Bakaula, having an identical role, have already been granted bail by this Court on 24.09.2020 in Criminal Misc. Bail Application No. 29189 of 2020. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 18.06.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.