Vikash Rai v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19644 of 2018

Applicant :- Vikash Rai Opposite Party :- State Of U.P. Counsel for Applicant :- Prakash Chandra Srivastava,Dinesh Rai Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Counter affidavit filed by learned A.G.A. is taken on record. Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the injury caused to the victim is simple in nature and caused by hard and blunt object. It has also been submitted that the applicant is languishing in jail since 27.9.2017. It is further submitted that the applicant has a criminal which has been properly explained in para 13,14 and 15 of the affidavit filed in support of the bail application.

Learned A.G.A. opposed the prayer for bail.

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 and reformative theory of punishment, the applicant is entitled to be released on bail in this case.