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2022 Supreme(All) 5

Najim Hussain – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ved Prakash Mishra,Jai Shanker Malviya, Mohd Aadil Siddiqui
For the Respondent: G.A.,Janardan Prasad Tripathi, G.A.,Sweety Srivastava

JUDGMENT :

Rahul Chaturvedi, J.

1. There are two connected criminal misc. bail applications moved by the applicants Najim Hussain and Smt. Areeba and both are being named accused of case crime no. 463 of 2021, under Section 306 IPC, P.S. Katghar, District Moradabad and for the sake of brevity both the bail applications are being heard and decided by a common order.

2. Both the applicants are facing prosecution in case crime no. 463 of 2021, under Section 306 IPC and are in jail since 09.09.2021, seeking enlargement on bail in exercise of power under Section 439 Cr.P.C.

3. Heard Sir Jai Shanker Malviya, learned counsel for the applicant, Sir Janardan Prasad Tripathi, Ms. Sweety Srivastava, learned counsel for the complainant and learned AGA for the State and perused the material brought on record.

4. The delayed FIR was registered by Sri Danish on 30.08.2019 for the incident said to have been taken place on 20.08.2021, there is not plausible justification coming forward to explain this delay. From the record, it is clear that the informant himself is not an eye witness to the incident and whatever the story narrated by him in the FIR is on the basis of some hearsay of others. The FIR was

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