Nadeem v. State of U.P.

Neutral Citation No. - 2023:AHC:149982

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7111 of 2023

Applicant :- Nadeem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Farooq,Atul Srivastava Counsel for Opposite Party :- G.A.,Birendra Singh Khokher

Hon'ble Pankaj Bhatia,J.

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

2. The FIR in question was lodged alleging that on the date i.e. 11.03.2022, some unidentified persons fired on the Baleno Car in which the applicant's father was travelling, which resulted in grievous injuries to the father of the informant. It is argued by the counsel for the applicant that the name of the applicant was not taken by the informant in the FIR or in the statement recorded immediately after the lodging the FIR. It is further argued that the co- accused Munendra and Anil Baliyan were enlarged on bail by this Court, while orders which are on record at annexure no.13. He argues that the applicant has been apprehended solely based upon a confessional statement and the recovery of the victim which is also not in terms of the provisions of Section 100 Cr.P.C. The criminal history of the applicant has been explained in paragraph no. 41 of the bail application. The applicant is in custody since 08.04.2022.

3. Learned AGA opposes the bail application by arguing that the nature of injury is severe as such the bail should be rejected.