Mohd Nadeem v. State of U.P.

Court No. - 58

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33430 of 2022

Applicant :- Mohd Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Heard Mr. Zafar Abbas, learned counsel for the applicant and the learned counsel for the State as well as perused the material on record.

The present bail application has been filed by the applicant-Mohd. Nadeem with a prayer to enlarge him on bail in Case Crime No. 41 of 2022, under Sections 274, 27, 276 I.P.C., Police StationAhraula, District-Azamgarh, during the pendency of the trial.

It has been argued by the learned counsel for the applicant that the present first information report lodged by Arvind Kumar, Medicine Inspector is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case. The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. The applicant is innocent. At the place from where the alleged recovery has been made by the Police, the applicant does not reside, inasmuch as the alleged recovery is planted one by the Police and the alleged incriminating material has not been recovered either from the possession of the applicant or his pointing out. There is no independent witness on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. It is further argued that the coaccused, namely, Mohd. Salim and Mohd. Kaleem Khan have already been enlarged on bail by the Coordinate Benches of this Court vide orders dated 24th June, 2022 and 28th June, 2022 passed in Criminal Misc. Bail Application Nos. 25133 of 2022 and 26089 of 2022 respectively. There is also no analysis report of any Analyst on the basis of which it can be said that the recovered material is contraband. The applicant has criminal history of seven cases except the present one but the same have satisfactorily been explained in paragraph-20 of the affidavit accompanying the present bail application. It is next contended that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 24th February, 2019. As such the applicant has undergone more than seven months of incarceration.