Firoz Khan v. State of U.P.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 59401 of 2022

Applicant :- Firoz Khan Opposite Party :- State of U.P. Counsel for Applicant :- Ken Singh Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant and Shri D.P.S. Chauhan, 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 a concocted and false story has been set up by the prosecution against the applicant whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that applicant is servant of the informant, he has not committed fraud or cheating with him. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. 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 12.12.2022 and he has no criminal history.

Learned A.G.A. has vehemently opposed the prayer for bail and has submits that prima facie offence against the accused applicant is made out and in case applicant is release on bail, he will misuse the liberty of bail, but, he has not disputed the aforesaid facts.