Diwari Lal v. State of U.P.

Court No. - 55

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5999 of 2018

Applicant :- Diwari Lal Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Saxena Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Rajeev Kumar Saxena, learned counsel for the applicant and Sri S.S.Tiwari, 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 the applicant has no knowledge about the present case and the applicant went to Ballbhgarh, Faridabad, Haryana before 15 years for his liveihood due to this applicant has no knowledge about the present case, when the applicant came in his hometown in the month of April 2017 them local police arrested the applicant and since then he is in jail, the said fact has been mentioned in para 9 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 11.4.2017. It has been pointed out that the applicant has no criminal history.

Learned A.G.A. opposed the prayer for bail.