Naresh v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31777 of 2018

Applicant :- Naresh Opposite Party :- State Of U.P. Counsel for Applicant :- Hitesh Pachori,Dharmendra Singhal,Surendra Narayan Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Counter affidavit filed on behalf of the State is taken on record.

Heard Sri Dharmendra Singhal, learned counsel for the applicant Sri S.S.Tiwari, learned A.G.A. appearing for the State.

According to the prosecution version the complainant lodged FIR against unknown person alleging that his son had received a message on mobile phone ceiling him that some medicine is needed so he should come to his shop. Thereafter the victim had gone to his shop, but his phone is switched off. There is suspicion that his son may be kidnapped.

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 due to ulterior motive and he has committed no offence. It is next contended that the applicant is not named in the FIR and the report was lodged on the basis of suspicion only. The name of the applicant surfaced after five days of the alleged recovery that too in the second statement of the complainant. The applicant has been implicated in the present case only because of being brother of Bantu, who is alleged to be a notorious person. 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 23.6.2018. The applicant has no other reported criminal antecedent.