Farman v. State of U P

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22792 of 2021

Applicant : Farman Opposite Party :- State Of U P Counsel for Applicant :- Vinod Kumar Tirpathi,Manoj Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

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

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.194 of 2021, under Section 5/25 Arms Act, Police Station Kotwali City, District Bijnor.

Learned counsel for the applicant submits that according to the FIR version, on 28.3.2021, one rifle and one country-made pistol have been recovered from the possession of the applicant. He further submits that there is no independent witness of the alleged recovery. He next submits that applicant has been falsely implicated in the case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. It is next submitted that the applicant is languishing in jail since 29.3.2021.

Per contra, learned A.G.A. has opposed the bail but does not dispute the factual aspects of the matter.