SIKANDAR ALAM Vs. STATE OF U. P.

JUDGEMENT

(1.) The instant application has been filed on behalf of applicant - Sikandar Alam, under Sec. 482 of B.N.S.S. seeking anticipatory bail in Case Crime No.0169 of 2024, under Ss. 302, 120-B, 506, 34 I.P.C., Police Station- Shahganj, District - Jaunpur.

(2.) Learned counsel appearing on behalf of applicant has submitted that applicant was not named in the F.I.R., his name was disclosed in the statement of informant. It is further submitted that informant/opposite party no.2 was a reporter of Sudarshan News and R.T.I. Activist. It is further submitted that some dispute was going on between applicant and informant, therefore, he has been falsely implicated. In the statement of informant recorded under Sec. 161 Cr.P.C. has not disclosed the name of applicant but in subsequent statement he has taken the name of applicant first time due to ulterior motive. It is clarified that brother of informant being activist was investigating the irregularities regarding 'Madarsa properties' but applicant was not connected with the said 'Madarsa' so, there was no reason available to commit the offence by the applicant as alleged in the F.I.R. It is submitted that there is no credible evidence or material on record to connect the applicant to the instant offence. The applicant is also suffering from some brain and heart disease and treatment is going on in the hospital at Mumbai since 2003. It is also submitted that previous criminal history has been explained in respective paragraphs of the paper book. He has been falsely roped in the offence punishable under Sec. 302, 120-B, 506, 34 I.P.C. and has great apprehension of arrest by the police.

(3.) Learned counsel appearing on behalf of applicant has further submitted that considering the aforesaid facts, applicant may be released on anticipatory bail at the event of the arrest. He has undertaken to co-operate with the investigation and also undertaken that he shall abide by all terms and conditions imposed by this Court while granting the anticipatory bail.