Pramod v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42062 of 2017

Applicant :- Pramod Opposite Party :- State Of U.P. Counsel for Applicant :- Moeez Uddin,Ankur Tondon Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Ankur Tondon, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

It has been contended by the learned counsel for the applicant that the applicant is only marginal witness in the sale deed in question and has been falsely implicated in the present case due to ulterior motive. 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 9.8.2017. It is further submitted that earlier also the applicant has been falsely implicated in one case which has been explained in para 16 of the affidavit accompanying this bail application.

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 tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment the applicant is entitled to be released on bail in this case.