Harcharan v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4080 of 2018

Applicant :- Harcharan Opposite Party :- State Of U.P. Counsel for Applicant :- Gagan Pratap Singh,Ajay Dubey Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Counter affidavit filed by learned A.G.A. today in the Court is taken on record.

Heard learned counsel for the applicant and Sri Purushottam Maurya, 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. It is next contended that no incriminating article has been recovered from the possession of the applicant. It is further submitted that while the applicant was returning with his Bolero from the house of his relatives and while he was on the way his bolero was intercepted by the police for checking and asked the applicant to give his bolero for their personal uses and when the same was refused by the applicant then he has been falsely implicated in the present case, the said fact has been mentioned in para 7 of the affidavit accompanying this bail application. 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 29.11.2017. It has been pointed out that the applicant has no criminal history.