Nazim v. State of U.P.

Neutral Citation No. - 2023:AHC:232448

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43698 of 2023

Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Mahboob Ahmad Siddiqui,Faizul Hasan Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma,J.

1. Heard Sri Faizul Hasan, learned counsel for the applicant, learned AGA for the State and perused the record.

1. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.76 of 2023, under Sections 8/20/29 of the NDPS Act and Section 482 IPC, Police Station Jewar, District Greater Noida (Commissionerate Gautam Buddh Nagar) during the pendency of trial.

1. 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 also contended that the co-accused, Nadeem, Babu @ Babbu and Anjani Kumar having similar role to that of the present applicant have already been enlarged on bail by this Court vide order dated 06.11.2023 passed in Criminal Misc. Bail Application No.38035 of 2023 (alongwith connected bail applications i.e. Criminal Misc. Bail Application Nos.31654 of 2023 and 39637 of 2023) on which basis the applicant also claims parity. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. There is no previous criminal history of the applicant. There is no likelihood of his abscondence or tampering with the evidence. The applicant is in jail since 08.04.2023. In case he is enlarged on bail, he will not misuse the said liberty.