LAWS(ALL)-2018-4-151

MUKESH Vs. STATE OF U P

Decided On April 24, 2018
MUKESH Appellant
V/S
STATE OF U P Respondents

JUDGEMENT

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

(2.) According to prosecution case, the F.I.R. was lodged on 15.10.2017 against Mohd. Wasim and his friend alleging that on 110.2017 they booked the swift car bearing no. UP81-BC8073 for going to Nainital from Aligarh and said vehicle was driving by Waseem (deceased). They killed the driver Waseem and looted the swift car. During investigation co-accused Wasim confessed before police personnel and stated that he killed Waseem and looted the said car with the help of his friend namely Mukesh.

(3.) It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. Applicant was not named in the F.I.R. The name of the applicant was disclosed by co-accused Wasim in his confessional statement before the police personnel. Offences levelled against the applicant are not attracted in the present case. There is no independent witness against the applicant. There is no legal evidence against the applicant except the confessional statement of co-accused Wasim before the police personnel. He is languishing in jail since 16.10.2017 (more than six months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.