NADIM @ SAMIR Vs. STATE OF U P

JUDGEMENT

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

(2.) Applicant- Nadim @ Samir seeks bail in Case Crime No.721/2005, under Section 302 IPC, P.S. Civil Line, District Muzaffar Nagar.

(3.) It is submitted that the applicant was not named in the FIR, his name surfaced for the first time in an extra-judicial-confession of the applicant and co-accused before Rakesh and Sayed, after 4 & 1/2 months of the occurrence, with whom the prosecution does not claim any relationship of trust and confidence as would enable the applicant to confide with them about their involvement in the commission of the alleged offence. It is further submitted that there was no eye-witness to the occurrence and that the role assigned to the applicant is verbatim the same as was assigned to co-accused Bhura, who already stood bailed out by the court below on 15.6.2006. It is thus contended that the there is no discernible reason as to the applicant being bailed out coupled with the fact that he has remained in jail since 16.1.2016, i.e. for more than 10 years and trial is not likely to be concluded in the near future.