Sajid Ali v. State of U.P.

Court No. - 77

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4238 of 2022

Applicant :- Sajid Ali Opposite Party :- State of U.P. Counsel for Applicant :- Qazi Vakil Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash Tripathi,J.

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

Learned counsel for the applicant contended that the applicant is innocent and he has been falsely implicated in the present case. Applicant is not named in F.I.R. The name of applicant came in light in the confessions statement of co-accused Mohd. Ajmeri Rine. It is further submitted that in the account of applicant about Rs. 12 lac has been credited which has been withdrawn by coaccused Mohd. Ajmeri Rine. Applicant is simple fruit seller. Co-accused of this case Mohd. Ajmeri Rine has already been enlarged on bail by this Court vide order dated 10.03.2022 passed in Criminal Misc. Bail Application No. 51427/2021, copy of which has been produced for perusal. There is no previous criminal antecedent of the applicant. The applicant undertakes that in case applicant is released on bail, he will not misuse the liberty of bail. The applicant is in custody since 16.09.2021.

Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the submission made by learned counsel for applicant.

Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case of bail. Hence, the bail application is hereby allowed.