Chandrapal Lodhi Vs State of U.P.

Court No. - 60

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38421 of 2018

Applicant :- Chandrapal Lodhi Opposite Party :- State Of U.P. Counsel for Applicant :- Raj Nath Bhakta Counsel for Opposite Party :- G.A.

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Hon'ble Arvind Kumar Mishra-I,J.

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Learned counsel for the applicant has filed supplementary affidavit, the same is taken on record.

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

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Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case. The applicant has no role to play in the commission of the offence. The police has planted false recovery against the applicant. Nothing incriminating has been recovered from the possession of the applicant. Criminal history of the applicant has been satisfactorily explained by the learned counsel for the applicant in paragraph- 4 to the supplementary affidavit. The applicant is languishing in jail since 11.8.2018 in the present case. He lastly adds that in case, applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail.

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The learned A.G.A. has vehemently opposed the prayer.

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Considering the rival submissions and 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 witness and prima facie case, without expressing any opinion on merit of the case, this

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bail application is allowed.

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Let the applicant- Chandrapal Lodhi- involved in case crime no.4022 of 2015, under Section 392 IPC, Police Station Malwan, district Fatehpur be released on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.

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Order Date :- 26.11.2018

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Raj

Chandrapal Lodhi v. State of U.P.

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Chandrapal Lodhi v. State of U.P.

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