Chaman v. State of U.P.

Court No. - 67

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23450 of 2021

Applicant :- Chaman Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A.

Hon'ble Rahul Chaturvedi,J.

Heard Shri Rajeev Sisodia, learned counsel for the applicant, learned A.G.A. and also perused the record.

By means of the present bail application the applicant, who is facing incarceration since 01.01.2021 in connection with Case Crime No.269 of 2020, u/s 307 I.P.C., P.S.-Adarsh Mandi Shamli, District-Shamli, is seeking his enlargement on bail during trial.

Submission of learned counsel for the applicant is that the F.I.R. in the present case was registered by the S.H.O., Sandeep Baliyan against the applicant and one Mithun. It has been further submitted by learned counsel for the applicant that this is a police party encounter case, in which co-accused Mithun has sustained injury and one constable Karmjeet also sustained injury over left palm. The name of applicant has figure up in the confessional statement of co-accused Mithun, who was arrested on the spot after he was injured. There is no recovery from the possession or at the pointing out of the applicant. There is criminal history of six cases to the credit of applicant which has been duly explained by learned counsel for the applicant in the petition.

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