Muzaffar v. State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38123 of 2022

Applicant :- Muzaffar Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Singh,Akhilesh Vishwakarma,Mohd Faiz,Sheeba Rizvi Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Supplementary affidavit filed on behalf of the applicant in the Court today is taken on record.

Heard Mr. Atul Kumar Singh, Mr. Akhilesh Vishwakarma and Faiz, the 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- Muzaffar with a prayer to enlarge him on bail in Case Crime No. 200 of 2022, under Sections 147, 148, 149, 307, 325, 332, 353, 395, 504, 506 and 427 I.P.C. Police Station-Ganj, DistrictRampur, during the pendency of the trial.

The First Information Report was lodged against nine named accused persons, including applicant and some unknown persons.Learned counsel for the applicant has submitted that in the statement of first informant under section 161 Cr.p.c. he has not assigned any specific role to the applicant.There is no allegation of causing injury to the informant.The applicant has been implicated in this case on the basis of suspicion. No specific role as to who has caused injuries to the injured has been assigned to any of the accused persons. There is no direct or indirect evidence on record on the basis of which it can be said that the applicant is involved in the commission of the alleged offence. It is further submitted that the co-accused, namely, Nazim, Nadeem, Mohd. Matloob @ Chintu, Nasir and Shoib @ Sonu, have already been enlarged on bail by this Court vide orders dated 11th August, 2022, 30th August, 2022, 26th September, 2022, 26th September, 2022 and 21st September, 2022 passed in Criminal Misc. Bail Application Nos. 33653 of 2022, 36419 of 2022, 36566 of 2022, 36468 of 2022 and 41184 of 2022 respectively. The case of the present applicant is similar and identical to that of the aforesaid co-accused. As such the present applicant is also liable to be enlarged on bail. The applicant has no criminal history. 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 July, 2022.