Omkar v. State of U.P.

Court No. - 23

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8212 of 2018

Applicant :- Omkar Opposite Party :- State Of U.P. Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Surendra Kumar Tripathi, learned counsel for the applicant and Sri Vikas Rana, 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 was not named in the first information report and his name has come into light during the course of investigation. It is further submitted that the false recovery of ten Activa Scooters from the possession of the applicant has been shown. There is no independent witness of the said recovery. In fact no such recovery was made either from the possession of the applicant or on his pointing out. 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 30.12.2017. It has been pointed out that the applicant has no previous criminal history. It is further submitted that when the applicant was arrested in the present case one more case was slapped on him which has been duly explained in paragraph no.14 of the affidavit accompanying the bail application.