Kanhaiya v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31123 of 2018

Applicant :- Kanhaiya Opposite Party :- State Of U.P. Counsel for Applicant :- Sandeep Kumar Singh,Neeraj Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has drawn the attention of this Court towards annexure-4 to the affidavit accompanying this bail application, which is the statement of the victim recorded under Section 164 Cr.P.C., according to which the applicant is alleged to have caught hold the hand of the victim followed her. It is further submitted that there is some dispute between the applicant and the informant on account of which present first information report has been lodged against the applicant only to put pressure. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 17.7.2018. It has been pointed out that the applicant has no criminal history.