Subhash v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13546 of 2018

Applicant :- Subhash Opposite Party :- State Of U.P. Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Rekha Dikshit,J.

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

Learned counsel for the applicant has submitted that accused applicant has falsely been implicated in the present case due to some ulterior motive. It is further submitted that the alleged recovered motorcycles have not been connected with any crime. The accused applicant is languishing in jail since 22.02.2018. It is next submitted that the applicant is neither a previous convict nor he has any criminal history. It is further submitted that there is no possibility of the applicant of fleeing away from judicial custody or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.