Shauki @ Sumit Vs State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40301 of 2022

Applicant :- Shauki @ Sumit Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Vikram Yadav,Devendra Singh Counsel for Opposite Party :- G.A.

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Hon'ble Gajendra Kumar,J.

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

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By means of this application, the applicant, Shauki @ Sumit, who is involved in Case Crime No. 468 of 2022, under Sections 3/5/25/25(1) Ka, 25(7), 25(8), 26(1), 26(2), 35 Arms Act and Section 34 IPC, Police Station Kotwali, District Manpuri and is in jail since 10.07.2022, is seeking enlargement on bail during the trial.

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Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case and as per contents of FIR, police team upon receiving specific information raided the premises of shop allegedly manufacturing illegal local arms in which the applicant was also said to be involved and was arrested from the site. Learned counsel for applicant submits that applicant is in fact illiterate working in the aforesaid fabricator shop and has no active role in the manufacture of illegal arms. It is submitted that as per the F.I.R., no role in manufacture of illegal arms have been attributed to applicant. It is further submitted that even otherwise there is no recovery of any illegal arm from the person of the applicant. It is further submitted that similarly placed co-accused, Mohar Singh @ Bablu, has already been enlarged on bail by this Court by order dated 23.08.2022 passed in Criminal Misc. Bail Application No.35692 of 2022. He has further submitted that since the role of the applicant is identical to that of co-accused, Mohar Singh @ Bablu, who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. It is further submitted that the applicant is languishing in jail since 10.07.2022, and in case of being released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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The learned A.G.A. has opposed the prayer for grant of bail to the applicant, but could not dispute the aforesaid facts.

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Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties, without expressing any opinion on the merit of the case, I find it to be fit case for granting bail.

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In view of the above, let the applicant be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :-

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