Sirajuddin v. State of U.P.

Court No. - 50

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46973 of 2022

Applicant :- Sirajuddin Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.

Hon'ble Ram Manohar Narayan Mishra,J.

Let the Supplementary Affidavit filed by the learned counsel for the applicant today in court be taken on record.

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

By means of this application, the applicant, Sirajuddin , who is involved in Case Crime No. 61 of 2020, under Sections 457, 380, 413 of IPC, Police Station Sarai Aqil, District Kaushambi and is in jail since 01.08.2022, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case and as per contents of FIR lodged on 26.09.2022 the police allegedly arrested co-accused persons namely Aamir, Fakarudding, Gufran, Saif @ Lambu, Raju and Monu @ Ajay Kesharwani in a police (Encounter) and in their confessional statements, given to the police, the name of applicant has surfaced. He further submits that the applicant has no concern without the alleged theft as nothing was recovered either from the possession of the applicant or at his pointing out. The whole case as alleged by the prosecution and investigated by the Investigation Officer is concocted and baseless and the applicant has falsely been implicated in the present case without any cogent and reliable evidence. It is further submitted that similarly placed coaccused, Ajay Kesharwani @ Monu and Fakaruddin have already been enlarged on bail by this Court by orders dated 08.12.2020, 12.02.2021 passed in Criminal Misc. Bail Application No. 44154 and in Criminal Misc Bail Application No. 8629 of 2021. He has further submitted that since the role assigned to the applicant is identical to that of co-accused, Ajay Kesharwani @ Monu and Fakaruddin, who have already been enlarged on bail on the ground of parity. There is no criminal history of the applicant. It is further submitted that the applicant is languishing in jail since 01.08.2022 and in case of being released on bail, he will not misuse the liberty of bail and will