CHUSKI Vs. STATE OF U.P.

JUDGEMENT

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

(2.) It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the present case. According to the prosecution version on 24/5/2022, the brother of informant has gone missing and he was 'last seen' with co-accused Rinku and later on his dead body was found on 28/5/2022 in ranch of one Om Prakash. Learned counsel submitted that applicant is not named in the first information report, which was lodged against co-accused Rinku. There is no eye-witness of alleged incident. During investigation, the involvement of applicant was shown on the basis of statement of one Samarpal and Akash, who have inter alia stated that applicant and co-accused Manoj @ Shabban and Rinku have committed murder of deceased. It was submitted that there is no such specific evidence that applicant was 'last seen' with deceased. A false version was developed during investigation that applicant was having relationship with wife of deceased but there is no evidence to support the same. Referring to facts of the matter, it was submitted that applicant has been falsely implicated in this case merely on the basis of suspicion. Further, co-accused Rinku and Shabban @ Manoj have already been granted bail by co-ordinate Bench of this Court, copies of which are available on record. Lastly, it was submitted that the applicant is languishing in jail since 30/5/2022, having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

(3.) Learned A.G.A. has opposed the prayer for bail.