NAJREEN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material brought on record.

(2.) It is submitted on behalf of the applicant that applicant is innocent Lady and the present F.I.R. has been lodged on false and frivolous facts with the sole ulterior motive. The applicant is not named in the First Information Report, her name came into light in the statement of co-accused. There is no independent, impartial reliable eye witness of the alleged incident. It is next contended that nothing incriminating article was recovered from the possession of the applicant or on his pointing out. It is next contended that entire allegations levelled against the applicant in the First Information Report is false preposterous and holds no iota of truth in them. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. The applicant has not committed any offence as alleged. It is further submitted that co-accused persons namely Haider, Shahbez @ Munna and Kafeel Qureshi have been granted bail by different Bench of this Court vide orders dtd. 9/12/2021, 24/12/2021 and 27/1/2022 passed in Crl. Misc. Bail Application No. 45491, 48065 of 2021 and 599 of 2022 respectively, (copies of the said orders have been produced before the Court which is taken on record). The police has not submitted charge sheet in the present case and applicant has definite apprehension of his arrest by the police. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It is further submitted that there is no possibility of applicant's either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that applicant has no previous criminal antecedent to her credit.

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