Kanti v. State of U.P.

Court No. - 22 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4538 of 2018 Applicant :- Kanti Opposite Party :- State Of U.P. Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

According to prosecution case, the F.I.R. was lodged against five accused persons namely, Bhoop Singh, Narayan, Manoj, Kanti and Mukandiya alleging that on 30.6.2016, 22.3.2017 and 18.7.2017 21.9.2016 they assaulted the injured, namely, Chiranji Singh by kicks and fists and looted Rs. 14,000/-. He received injuries.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. There is general allegations against all accused. Offences levelled against the applicant are not attracted in the present case. Applicant has no criminal history. Injuries found on the body of the injured are simple in nature. F.I.R. was lodged for the offence under Sections 147, 323, 307, 392 IPC but during investigation, section 392 IPC was not found. He is languishing in jail since 12.12.2017 (more than one and half months) and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.