IDRISH KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri P.K. Singh, learned counsel for the applicant, Sri Bharat Singh Pal, learned counsel for the informant, learned A.G.A. for the State and perused the record.

(2.) By means of this application the applicant Idrish Khan has prayed to release him on bail in Case Crime No.195 of 2020, u/s 304, 323, 504, 506 I.P.C., P.S. Karanda, District Ghazipur.

(3.) Learned counsel for the applicant submits that as per the FIR, the incident took place on 12.7.2020, however, the FIR was lodged on 17.7.2020, when the injured was sscummed to his injuries. The dispute is amongst the family members and no specific role was mmentioned in the FIR. He further submits that the co-accused namely Sameer Khan has been granted bail by trial court. In the statement recorded during investigation, it has come that applicant-accused as well as other co-accused Sameer Khan, who has been granted bail, both have caused injuries to the injured and both were arrested simultaneously and the alleged recovery is on the pointing out of both the accused. There is no difference between the role ascribed to applicant and co-accused Sameer Khan. The applicant is innocent and has been falsely implicated in this case. He lastly submits that the applicant is in jail since 20.07.2020 and has no criminal history to his credit. In case, he is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing away from judicial process or tampering with the witnesses, as such, he may be released on bail.