SHAFIQ Vs. STATE

JUDGEMENT

(1.) This is a petition for grant of bail under Section439 of Code of Criminal Procedure. In this petition, it has been submittedthat the petitioner has falsely been implicated in the present case, besidestwo other cases i.e. FIR No. 249/91 P.S. Krishan Nagar and FIR 125/91,P.S. Model Town. It has also been stated that the petitioner has alreadybeen granted bail in the other two cases. It has further been stated thatfour co-accused in this case, namely, Jitender Kumar, Rais Ahmed, Sureshand Rajiv had already been granted bail. Alongwith the petition, thepetitioner has also annexed copies of the orders dated 6-8-92, 25-8-92,2-11-92 passed by this Court granting bail to co-accused Jitender Kumar,Suresh Kumar and Sahidu.

(2.) Mr. Jain, the learned Counsel appearing on behalf of the petitionersubmitted that the role assigned to the petitioner is same as that to Jitenderwho was granted bail by this Court on 6/08/1992 and as such thepetitioner should also be released on bail.

(3.) Mr. Singh, the learned Counsel appearing on behalf of the State,however, submitted that the case of the petitioner is distinguishable. Hedrew my attention to the FIR wherein it has been alleged that a personhaving BAKRA CUT BEARD' wheatish colour aged 25/26 years snatchedfrom the complainant his wrist watch with name written in Russian language.The learned Counsel submitted that the petitioner answered the said description and as a result of his disclosure statement, the aforesaid wrist watchwith name written in Russian language was recovered from him.