JAHIDA BEGAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Prabhat Kumar Tiwari, learned counsel for the applicant and Sri Mithlesh Kumar, learned A.G.A. for the State and perused the record.

(2.) The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.33 of 2023, under Ss. 3/7 of Essential Commodities Act, 1955, I.P.C., P.S. Etmadpur, District Agra.

(3.) Learned counsel for the applicant submitted that applicant is innocent and has falsely been implicated in the present case; nothing has been recovered from possession of applicant; there is no independent witness of the alleged recovery. The applicant was not arrested from spot. The co-accused namely Baby, Ram Naresh and Shivshankar have already been released on bail by Co-ordinate Bench of this Court vide orders dtd. 15/3/2023, 22/3/2023 and 21/3/2023 passed in Criminal Misc. Bail Application Nos.11108 of 2023, 11150 of 2023 and 10806 of 2023, a copy of said order s have been produced by learned counsel for the applicant which is taken on record. The applicant claims parity. The applicant has no criminal history. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is languishing in jail since 11/2/2023 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.