Faisal v. State of U.P.

Court No. - 83

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39440 of 2021 Applicant :- Faisal Opposite Party :- State of U.P. Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A.

Hon'ble Shekhar Kumar Yadav,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the record.

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during the trial in Case Crime No. 54 of 2021, under Sections 307, 504, 506 IPC, P.S. Shivkuti, District Prayagraj.

It is contended by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. It is contended that the alleged incident is said to have been taken place on 21.3.2021 at 10 p.m. wheres the FIR was lodged on 22.3.2021 at 10.21 hrs against applicant and two unknown persons without there being any plausible explanation. It is further contended that as per the medical report, injuries are alleged to be caused by any blunt object or firearm. There is no specific injury of the firearm. It is further submitted that the injuries found on the person of the injured are simple and no injury was kept under observation and no x-ray was advised. It is further submitted that the witness Aman is close relative of the informant and has given false statement and except him there is no other witness of the alleged incident. Applicant is in jail since 24.3.2021 and has no criminal history.

On the other hand, learned A.G.A. opposes the application for bail. He submits that the investigation is now complete and the charge sheet has been filed.