WASEEM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.

(2.) The instant bail application has been filed on behalf of the applicant, Waseem with a prayer to release him on bail in Case Crime No. 302 of 2019, under Section 302 IPC, Police Station Ganj, District- Rampur, during pendency of trial.

(3.) It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is submitted that applicant was not named in the First Information Report. Co-accused, Babo, wife of the deceased, has taken the name of the applicant in her statement and on its basis he has been implicated. It has been submitted that the applicant has been implicated in this case on the basis of confessional statement of co-accused. The Constitution Bench of Apex Court in Hari Charan Kurmi and Jogia Hajam v. State of Bihar, 1964 SCR (6) 623, has observed: