Sahil v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17606 of 2022

Applicant :- Sahil Opposite Party :- State of U.P. Counsel for Applicant :- Sikandar Raza Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

It is submitted that in this case applicant has been falsely implicated by the police for causing injuries to the deceased who later on succumbed to injuries. Further submitted that occurrence took place on 12.11.2015 in the night at about 9:00 P.M. and F.I.R. was lodged against unknown persons. During investigation on 15.01.2016 this applicant was arrested in a police encounter and false recovery of country-made pistol was shown from his possession, thereafter, on the basis of confessional statement of co-accused, police roped him in the present case. There is no evidence on record to show the complicity of this applicant for causing injuries to the deceased. Further submitted that co-accused Sabir @ Akram has already been granted bail by co-ordinate Bench of this Court vide order dated 17.12.2021 passed in Criminal Misc. Bail Application No.41366 of 2021. The case of this applicant stands on similar footing to that of aforesaid co-accused. There is no criminal antecedent against the applicant and he is in jail since 16.01.2016, therefore, requested for bail. In case he is released on bail, he will not misuse the liberty of bail and will co-operate in trial.

Learned A.G.A. opposed the prayer for bail.