Hari Ram v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5669 of 2018

Applicant :- Hari Ram Opposite Party :- State Of U.P. Counsel for Applicant :- Bhaju Ram Prasad Sharma Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri B.R. Sharma, learned counsel for the applicant and Sri M.R. Khan, learned A.G.A. appearing for the State.

It has been submitted by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the dispute between the parties is purely of civil nature which has been dragged into criminal prosecution of the applicant. It is further submitted that the applicant neither sold out any land excess to his share nor any offence has been committed as alleged by the complainant. It has also been submitted that the applicant is languishing in jail since 29.01.2018. The applicant has no other reported criminal antecedent.

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.