Avrar v. State of U.P.

Court No. - 68

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12891 of 2022

Applicant :- Avrar Opposite Party :- State of U.P. Counsel for Applicant :- Thakur Prasad Dubey Counsel for Opposite Party :- G.A.

Hon'ble Ajay Bhanot,J.

By means of this bail application the applicant has prayed to be enlarged on bail in Case Crime No. 48 of 2021 at Police Station-Mundha Pandey, DistrictMoradabad under Sections 379, 411 I.P.C. The applicant is in jail since 18.11.2021.

The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Moradabad on 31.01.2022.

Shri Thakur Prasad Dubey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was not named in the F.I.R. Even as per the prosecution case set out in the F.I.R. the motorcycle was stolen by the principal offender Mohan and Pooran. The applicant was nominated by the said principal offenders namely Mohan and Pooran in their statements before the police authorities. The said statements insofar as it implicates the applicant is unreliable. No recovery has been made from the applicant. The prosecution evidence does not connect the applicant with the offence. Learned counsel

for the applicant seeks parity in relief granted to the coaccused persons namely Nanhe who has been enlarged on bail by this Court by order dated 30.03.2022 in Criminal Misc. Bail Application No. 10351 of 2022. Learned counsel for the applicant has explained the criminal history of the applicant and contends that same have no bearing on the instant case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.