SHADAB Vs. STATE OF U.P.

JUDGEMENT

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

(2.) The instant bail application has been filed with a prayer to release the applicant on bail in Case Crime No.185 of 2024, under Ss. -305(2), 317(2) BNS, Police Station-Mansoorpur, District-Muzaffar Nagar, during the pendency of the trial.

(3.) Contention of learned counsel for the applicant is that applicant was not named in the FIR. Subsequently, on the basis of information, the applicant along with four other co-accused persons were arrested and from their joint possession, 40 motor cycles were also shown to be recovered, though, there was no private witness or videography of the aforesaid recovery. Though, the videography of recovery is compulsory as per Sec. 105 BNSS. This creates doubt over the entire prosecution story. It is further submitted that co-accused Shoeb and Owais, have already been released on bail by a coordinate Bench of this Court in Criminal Misc. Bail Application Nos. 30403 of 2025 and 22485 of 2025 vide orders dtd. 4/9/2025 and 22/7/2025, as applicant is also on similar footing. Therefore, the applicant is also entitled to be released on bail on the ground of parity. It is further submitted that the applicant has explained the criminal history of six cases which were planted against the applicant subsequent to the recovery of the present case. It is further submitted that charge sheet has been filed in the present case, therefore, there is no requirement of custodial interrogation. The applicant is a law abiding citizen and he is languishing in jail since 16/4/2025. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.