ATIQUE AHMED Vs. STATE OF U P

JUDGEMENT

(1.) Counter affidavit filed on behalf of State is taken on record.

(2.) Sri Satish Trivedi, learned Senior Advocate assisted by Sri Ravindra Sharma, Advocate states that he does not want to file any rejoinder affidavit.

(3.) Heard Sri Satish Trivedi, learned Senior Advocate assisted by Sri Ravindra Sharma, Advocate on behalf of the applicant who submits that the applicant is innocent, he has been falsely implicated. All the offences, with which he is charged (except 7 Criminal Law Amendment Act), are bailable offences. He further submits that 7 Criminal Law Amendment Act carries punishment of six months only, though it has been made a non bailable offence but the applicant is confined in jail since 11.02.2017 and has undergone imprisonment of more than three months, therefore for bailable offences applicant is entitled to be released on bail under section 436 Cr.P.C. and for non bailable offence under section 436 A Cr.P.C.