NAWAB Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) By means of this bail application, the applicant has prayed to be enlarged on bail in Case Crime No. 94 of 2022 at Police Station Simbhawali District Hapur under Ss. 147, 148, 504, 307, 354Kha, 324 I.P.C. The applicant is in jail since 11/3/2022.

(2.) The bail application of the applicant was rejected by learned Sessions Judge, Hapur on 11/4/2022.

(3.) Shri Rajesh Kumar Sharma, learned counsel assisted by Shri Abhas Sharma, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The F.I.R. arises out of an altercation between political rivals which suddenly escalated into a violent brawl. The incident occurred in the aftermath of election results which saw sloganeering and frayed tempers. Mobs from two sides engaged in violence. The F.I.R. assigns a general and vague role in the assault to the applicant. The applicant has not been identified as the principal offender who inflicted life threatening injuries on the injured persons. The nature of injuries as recorded in the medical reports establishes that there was no intent to kill or cause grievous hurt. The applicant did not behave inappropriately with any lady. Prosecution evidence does not connect the applicant with the offence. Learned counsel for the applicant claims congruency in role and seeks parity in relief granted to the co-accused namely Ansar who have been enlarged on bail by this Court by order dtd. 20/5/2022 in Criminal Misc. Bail Application No. 18632 of 2022. Learned counsel for the applicant contends that the applicant does not have any criminal history apart from this case.