Rahman v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40816 of 2020

Applicant :- Rahman Opposite Party :- State of U.P. Counsel for Applicant :- Balbir Yadav Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Joshi,J.

Heard Sri Balbir Yadav, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This instant bail application has been filed for releasing the applicant on bail in Case Crime No. 531 of 2020, under Sections 307, 323, 504, 120B IPC, P.S. Kwarshi, District Aligarh, during pendency of trial.

It is contended by learned counsel for the applicant that the applicant is innocent, and he has falsely been implicated in the present case with ulterior motive. The first information was lodged against four accused persons namely, Adil, Alam, Adnan and Nasir. The applicant was not named in the F.I.R., and his name was surfaced in the confessional statement of co-accused Adil during course of the investigation. The injured as well as informant in their statements recorded under Section 161 Cr.P.C. has not taken the name of the applicant as an accused. It is next contended by learned counsel for the applicant that main role of assault and firing has been assigned to co-accused Adil. It is lastly contended by learned counsel for the applicant that applicant is in jail since 26.06.2020, having no other previous criminal history to his credit and that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial and thus, the applicant is entitled for indulgence.