Sunil v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32980 of 2018

Applicant :- Sunil Opposite Party :- State Of U.P. Counsel for Applicant :- Usha Srivastava,Shailesh Kumar Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant and learned A.G.A. appearing for the State.

Learned counsel for the applicant submitted that the applicant is not named in the F.I.R. He next submitted that both the victim namely, Ankit and Manish in their statement recorded under Section 161 Cr.P.C. (Annexure-3) has not made any allegation against the applicant. He further submitted that the applicant is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. He lastly submitted that the applicant has no criminal history. 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 24.7.2018.

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 tampering with the witnesses and prima facie satisfaction of the Court in support of