Amit Kumar v. State of U.P.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11955 of 2021

Applicant :- Amit Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chand,J.

Heard learned counsel for applicant(s), learned A.G.A. and perused the record.

This bail application has been preferred by the accusedapplicant(s) Amit Kumar who is involved in Case Crime No. 1169 of 2020 under Section 394,411 of I.P.C. P.S.- Kotwali Nagar, District-Bulandshahr.

Learned counsel for the applicant has submitted that the FIR of this case was registered against the named accused Atul and unknown persons under sections 307 and 379 of IPC. The name of the applicant came into light during investigation on the basis of extra judicial confession. The statement of injured was also recorded by the Investigating Officer in which she has stated that Atul along with two other accused persons who had covered their face with the cloth had assaulted her and robbed the jewellery. The alleged recovery was made from the possession of the applicant and there is also no independent witness. The co-accused Anoor @ Pankaj has been enlarged on bail vide order dated 14.12.2020 of this Court passed in Criminal Misc. Bail Application No. 44257 of 2020.

Learned AGA opposed the contentions made by learned counsel for the applicant but conceded on the point of parity. Learned counsel for the informant vehemently opposed the bail application and contended that it is not a case of parity.