Ashwani Mishra @ Pullu Mishra v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 581 of 2018

Applicant :- Ashwani Mishra @ Pullu Mishra Opposite Party :- State Of U.P. Counsel for Applicant :- Manvendra Narain Pathak Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Sri Kunwar Rajan alongwith Sri Randhir Singh has filed power on behalf of the applicant which is taken on record.

Heard learned counsel for the applicant and Sri Purshotttam Maurya learned A.G.A. appearing for the State.

Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case due to old enmity and party-bandi and he has committed no offence. The applicant is not named in the FIR.It is alleged that the applicant has taken Rs.60,000/- form the complainant on the pretext for arranging Visa and Passport, but the applicant is alleged to have provided fake visa and passport. It is next contended that there is inordinate delay in lodging the report for which no plausible explanation has been given. Further, there is no independent witness of the alleged incident. It is pointed out that the applicant has criminal history of six cases, but he is on bail in all these cases which has been properly explained in paragraph 18 of the affidavit filed in support of the 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 30.9.2017.