Heera v. State of U.P.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33825 of 2021

Applicant :- Heera Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant, learned AGA, appearing for the State and perused the material brought on record.

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the police in order to save the real accused person. It is next contended that applicant is a driver on daily wages he has not committed any offence as stated by prosecution. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown from the possession of the applicant, which is planted. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 09.07.2021. It has been pointed out that the applicant has no criminal history.

Learned A.G.A. has vehemently opposed the prayer.