Shakir v. State of U.P.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22252 of 2021

Applicant :- Shakir Opposite Party :- State of U.P. Counsel for Applicant :- Syed Mohammad Nawaz,Shahabuddin Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant through video conferencing, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 1085 of 2020, under Sections 302 and 34 I.P.C., P.S. Kwarsi, districtAligarh, is seeking enlargement on bail during the trial.

The first information report was lodged by the informant against the present accused and one unknown person, alleging therein that on 20.11.2020 at about 6:10 p.m. when the son of the informant was returning home after offering prayer from the mosque, three miscreants started indiscriminate firing upon him, causing serious injuries to him, following which he succumbed to the injuries in the hospital. It was also alleged in the FIR that the present accused was caught by the locals, whereas rest of the miscreants were succeeded to fled away from the spot.

Learned counsel for the applicant submits that there is general allegation of indiscriminate firing against three persons. No specific role has been assigned to the applicant. He is absolutely innocent and he has nothing to do with this crime Further submission is that the applicant was arrested by the public only on the basis of suspicion. He lastly submits that the applicant, who has no reported criminal antecedents to his credit and is in jail since 22.11.2020 is entitled to be enlarged on bail.