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2021 Supreme(All) 601

NEERAJ TIWARI
Kalua @ Jakir – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : R.K Singh Gaharwar

JUDGMENT :

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case. It is further submitted that neither applicant was named in the F.I.R. nor he was arrested on the spot. Nothing has been recovered from the possession of the applicant or on his pointing out. It is next submitted that there is criminal history of nine cases of the applicant which are explained. It is also submitted that other co-accused Munfaid and and Mukisa @ Mukeem have been granted bail by this Court vide orders dated 5.11.2020 and 11.6.2021 passed in Criminal Misc. Bail Application Nos. 35391 of 2020 and 4683 of 2021 respectively, therefore, applicant is also entitled to be released on bail. He is in jail since 02.02.2021, undertakes that he will not misuse the liberty, if granted.

3. Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

4. Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the co

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