FIRASAT Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.

(2.) It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submits that no incriminating articles have been recovered from the possession of the applicant. The alleged recovery of country made pistol and cartridges are planted. Learned counsel also submits that similarly placed co-accused Mehmuddin, who was also arrested at the spot along with the applicant, has been granted bail by this Court in Criminal Misc. Bail Application No. 17462 of 2019 vide order dated 25.4.2019. The applicant is languishing in jail since 2.4.2019. Criminal history has been explained by the learned counsel for the applicant. In case the applicant is released on bail he will not misuse the liberty of bail.

(3.) Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.