U.P. FOREST DEPT. Vs. HARCHARANKAUR GILL

JUDGEMENT

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

(2.) The instant bail application under Sec. 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No.283 of 2022, under Ss. 380,411 IPC, Police Station Pakbada, District Moradabad during the pendency of the trial. It is submitted by the learned counsel for the applicant that the applicant was not named in the First Information Report and has been falsely implicated in the instant case. False recovery of inverters, batteries and other articles was shown from the joint possession of applicant and six others. There is no independent witness to the recovery.

(3.) An amount of Rs.1,540.00 has also been shown from the possession of the applicant. The said amount belongs to the applicant. It is next contended that co-accused Amir @ Bhoora @ Amirsayed having identical role has been granted bail by this Court in Criminal Misc. Bail Application No. 57701 of 2022 vide order dtd. 19/12/2022. The applicant claims parity. The criminal history of applicant has been explained in paragraph 29 of the affidavit filed on behalf of the applicant. The applicant is in jail since 1/10/2022 and if he is released on bail, he will not misuse the said liberty.