LAWS(ALL)-2022-10-57

ASIF Vs. STATE OF U.P.

Decided On October 12, 2022
ASIF Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Heard Sri Mohd. Faiz, learned counsel for the applicant, Sri Ram Adhar Ram, learned A.G.A. for the State and perused the record.

(2.) The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.216 of 2022, registered under Ss. 147, 148, 149, 323, 307, 504, 506, 354, 427, 336, 452 I.P.C., Police Station Baheri, District Bareilly during pendency of the trial.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is a case of counterblast as both the parties have lodged FIR and both the parties have sustained injuries. It cannot be said that who is the aggressor. Injuries received by opposite side are simple in nature. He next submitted that co-accused, namely, Kasim, has been granted bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.21270 of 2022 vide order dtd. 15/7/2022, hence, the applicant is also entitled for bail on the ground of same footing. The applicant has no previous criminal history. The applicant is languishing in jail since 2/4/2022. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.