Moin v. State of U.P.

Court No. - 69 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12813 of 2022

Applicant :- Moin Opposite Party :- State of U.P. Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.

Hon'ble Mohd. Faiz Alam Khan,J.

Supplementary affidavit filed today is taken on record.

Heard Shri Manvendra Singh, learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.

This bail application has been moved by the accused/applicant- Moin for grant of bail, in Case Crime 228 of 2020, under Sections 302, 394, 411 IPC, Police Station Thariyaon, District Fatehpur, during trial.

Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has falsely been implicated in the instant case and he has not committed any offence as claimed by the prosecution. The story as cooked up by the police is highly improbable and could not be believed.

It is further submitted that the case of the prosecution as is evident from the material placed on record is to the tune that on 20.9.2020 when the father of the informant had gone to his jewelry shop, he was shot dead by unknown miscreants, who also alleged to have looted about 3.5 Kg. of silver and 40,000/rupees. The report of the incident was lodged on 21.9.2020. However, on 26.9.2020 one informer had informed the Investigating Officer pertaining to the presence of Rajan Lodhi @ Upendra Pratap Singh, Jhaller @ Sunil Rajput on the scene of the crime at the time of incident. Shri Sunil Rajput @ Jhaller appears to have been arrested on 1.10.2020 and confessed to have committed the offence along with other co-accused persons including the instant applicant with the exception that the role of firing on the head of the deceased was assigned to the co-accused Rajan Lodhi and certain jewellry items were also recovered from him.