Mohan v. State of U.P.

Neutral Citation No. - 2023:AHC:126246

Court No. - 65

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18369 of 2023

Applicant :- Mohan Opposite Party :- State of U.P. Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.

Hon'ble Vipin Chandra Dixit,J.

Supplementary affidavit filed today by learned counsel for the applicant is taken on record.

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

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. The applicant was not named in the first information report but he was arrested by the police and a false recovery has been shown from the possession of the applicant. Nothing incriminating has been recovered from the possession of the applicant. The applicant has explained his criminal history in the supplementary affidavit filed today. It is further submitted that the similarly placed co-accused namely Furqan, Barkat and Sunil having identical role to the applicant have already been released on bail by the coordinate Bench of this Court, vide orders dated 10.07.2019, 01.07.2019 and 10.11.2020, passed in Criminal Misc. Bail Applications No. 27371 of 2019, 25428 of 2019 and 35543 of 2020. Copies of bail orders have been annexed as Annexure No. 8 to the affidavit filed along with bail application. There is no possibility 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 01.01.2019.