Azam v. State of U.P.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4471 of 2023

Applicant :- Azam Opposite Party :- State of U.P. Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. and his name has come into light during the course of investigation. It is further submitted that applicant has not committed the crime as alleged in the F.I.R. It is further submitted that nothing incriminating has been recovered from the possession of the applicant and there is independent witness of the recovery of alleged PTM machine and ATM card, shown from the possession of the applicant. It is further submitted that co-accused Nasir having similar role has been granted bail by the coordinate Bench of this Court vide order dated 13.03.2023 passed in Criminal Misc. Bail Application No. 7877 of 2023 and applicant is also entitled for bail on the ground of parity. It is further submitted that there is criminal history of the applicant and the same has been explained in para no. 3 of the supplementary affidavit. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 09.12.2022.