SUBHASH SHAH Vs. STATE OF U P

JUDGEMENT

(1.) Heard Mr. Sanjay Vikram Singh, learned counsel for the applicant as well as Mr. Sushil Kumar, 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. It is further submitted by the learned counsel for the applicant that one country made pistol and two live cartridges are alleged to have been recovered from the possession of the applicant. The alleged recovery is false, fabricated and planted. It is also submitted by the learned counsel for the aplicant that there is no independent witness of the alleged recovery. It is next submitted by the learned counsel for the applicant that criminal history of applicant has been properly explained in paragraph 17 of the affidavit. It is lastly contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 30.03.2019. 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.