Farookh v. State of U.P.

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43500 of 2021 Applicant :- Farookh Opposite Party :- State of U.P. Counsel for Applicant :- Samarth Sinha,Vijay Sinha Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

Heard Sri Samarth Sinha, learned counsel for the applicant and Sri S.S.Tiwari, learned AGA for the State.

It is contended that the applicant has been falsely implicated in the instant case. It is a case of firing on the police party; no police personnel has received any injury. False recovery of a knife, one mobile phone and Rs. 2,500/- has been shown from the possession of the applicant. Further recovery of Bolero pickup car, one battery, one mobile phone and two motorcycles has been shown from the joint possession of the applicant and others. There are no independent witnesses to the recovery. The co-accused Sumit Kumar and Mujassim have been granted bail by this Court in Criminal Misc. Bail Application Nos. 52686 of 2021 and 37316 of 2021 vide orders dated 21.02.22 and 07.12.2021. The applicant claims parity. The criminal history of the applicant has been explained in para 17 of the affidavit and para 4 of the supplementary affidavit. The applicant is in jail since 04.07.2021 and in case he is enlarged on bail, he will not misuse the said liberty.

Learned AGA has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

Perused the first information report as well as the averments made in the application.

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Farookh, involved in Case Crime No. 151 of 2021, under Sections 307, 411, 413 IPC, Police Station Amaria, District Pilibhit be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that: