Mehtab v. State of U.P.

Court No. - 90

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40376 of 2022

Applicant :- Mehtab Opposite Party :- State of U.P. Counsel for Applicant :- Tarun Pratap Singh Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

Heard Mr. Tarun Pratap Singh, learned counsel for the applicant and the learned A.G.A. for the State as well as perused the entire material available on record.

The present bail application has been filed by the applicantMehtab a prayer to enlarge him on bail in Crime No. 0164 of 2022, under Sections 392, 411 and 120-B I.P.C., Police Station-Lalganj, District-Mirzapur, during the pendency of trial.

The learned counsel for the applicant submits that the applicant has not been named in the present first information report. Name of the applicant has surfaced in a confessional statement of the coaccused, which has been entered in the General Diary by the Police. On the basis of the said G.D. entry the applicant has been implicated. It is well established that as per the Evidence Act, the statement given before the Police has no evidentiary value. The applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the alleged recovery of Rs. 70,000/- and a damaged mobile phone from the applicant is planted one by the Police. There is no evidence on the basis of which it can be said that cash of Rs. 70,000/- alleged to have been recovered from the applicant is the same money which has been looted from the Petrol Pump. There is also no independent witness of the alleged recovery. It is lastly submitted that the co-accused, namely, Harsh Vardhan Mishra and Sachin Pandey have already been enlarged on bail by the courts below, their bail orders have been enclosed as Annexure Nos. 4 and 5 of the affidavit accompanying the present bail application. The applicant has no criminal antecedents to his credit except the present one. 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 25th July, 2022.