Nasir v. State of U.P.

Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47003 of 2022 Applicant :- Nasir Opposite Party :- State of U.P. Counsel for Applicant :- Dheeraj Kumar Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

The present bail application has been filed by the applicant seeking bail in Case Crime No.515 of 2022 under Sections 307 of IPC, Police Station- Kotwali Nagar, District- Bulandshahr.

As per the prosecution story, during patrolling, on information of mukhbir khas, police party arrested the applicant and recovered one tamancha of 315 bore, one empty cartridge, one alive cartridge and one mobile phone from his possession. Further allegation upon the applicant and one co-accused person, who has fled away from the spot, is that they opened fire upon police personnel.

Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. It is further submitted that the role of police firing has been assigned to the applicant along with co-accused, but the police party has not sustained any injury, and as a counter attack, police party also opened fire upon the applicant. It is further submitted that the recovery as has been shown recovered from the possession of the applicant is false and planted. Learned counsel for the applicant very fairly submitted that except the present, the applicant has criminal history of 9 cases to his credit, which have been explained in para 12 of the affidavit to the bail application. It is further submitted that the co-accused Rehan alias Rihan Khan has already been enlarged on bail by Court below vide order dated 08.07.2022, copy whereof has been brought on record as annexure 4 to the bail application. Learned counsel for the applicant has next submitted that the applicant having better case for getting bail on account of parity. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 16.06.2022, and the possibility of conclusion of trial in near future is very bleak.