Dau Ji v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13749 of 2018

Applicant :- Dau Ji Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Kumar Gautam 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. It is further submitted that the case of the applicant is identical to the case of co-accused Suresh, who has already been granted bail by this Court vide order dated 29.03.2018, therefore, the applicant is also entitled to be released on bail on the ground of parity. The accused applicant is languishing in jail since 19.01.2018. It is next submitted that the applicant has criminal history of six cases, out of which in five cases, he is on bail and one case is pending before this Court. 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.