PAWAN HARIJAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) Submission is that the applicant was not named in the first information report. The named accuseds, Sonu and Rahul have confessed before the police and on the basis of their confessional statement the applicant has been implicated in this case. The applicant is in jail since 15.02.2019. The applicant has no prior criminal history. Thereafter applicant has been implicated in two cases, Gangster Act and Arms Act.

(3.) The Constitution Bench of Apex Court in Hari Charan Kurmi and Jogia Hajam Vs. State of Bihar, 1964 SCR (6) 623, has observed: