Mahin Alam v. State of U.P.

Neutral Citation No. - 2023:AHC:217240

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45026 of 2023

Applicant :- Mahin Alam Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Srivastava,Rajesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma, J.

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

1. By means of this bail application applicant seeks bail in Case Crime No. (F.I.R No.) 55 of 2023, under Sections 489-A, 489-B, 489-C,489-E I.P.C, Police Station Basrehar, District Etawah, during the pendency of trial.

1. Learned counsel for the applicant has argued that the applicant is innocent. The applicant was neither driver nor owner of the alleged vehicle. It is further submitted that one packet containing 80 fake counterfeit currency bearing of Rs.100/- as well as a Vivo mobile phone was recovered from from the possession of the applicant, but the Police has not followed the procedure of the alleged recovery. The applicant was neither indulged in the alleged activities nor the alleged recovery was made from his possession. Learned counsel for the applicant has further contended that the applicant has no criminal antecedent to his credit. There is allegation only to keep the counterfeit notes in pocket of the applicant. It is also contended that considering the facts that the applicant has no criminal antecedent to his credit and that two days prior to the alleged incident a missing report has already been lodged by the father of the applicant Qumar Alam. This court is of the view that the bail application of the accused applicant is liable to be allowed without prejudice to the merits of the case. Learned counsel for the applicant has lastly contended that today co-accused Zeeshan Ali, who has been assigned similar role to that of the present accused-applicant, has already been released on bail by this Court vide Criminal