Sarthak vs State Of U.P. on 26 June, 2025

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1. Learned A.G.A. for the State submits that instructions have been received and has no objection in case the bail application is heard on merits.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

3. It is submitted by learned counsel for the applicant that applicant was not named in the FIR. As per allegations in the FIR the main accused-Rohit have fired along with his two unknown friends, as a result of the same, the injured has suffered injuries. Learned counsel for the applicant submits that neither the injured nor any other prosecution witness has taken name of the applicant. Name of the applicant has surfaced in the confessional statement of co-accused after five months. Recovery of weapon has also been shown after five months. It is highly improbable that accused person would keep the weapon of crime with him for such a long time in order to facilitate the recovery. There is no other evidence linking the applicant with the alleged crime. The criminal history of the applicant has been explained in paragraph no.14 of the affidavit. Applicant is languishing in jail since 20.11.2024 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.



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