Laddu v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14929 of 2019 Applicant :- Laddu Opposite Party :- State Of U.P. Counsel for Applicant :- Ambika Prasad Tewari,Narendra Nath Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Mrs. Manju Rani Chauhan,J.

Counter and rejoinder affidavits filed today are taken on record.

Heard Sri Narendra Nath Tripathi, learned counsel for the applicant, Sri Sheetal Prasad Chakravorty, learned counsel for the State and perused the record of the present bail application.

The present bail application has been filed by the applicant – Laddu with a prayer to enlarge him on bail in Case Crime No.02 of 2019, under Sections 147, 148, 149, 323, 504, 506, 336, 354, 308, 427 I.P.C. & Section 7/8 of POCSO Act, Police Station Kotwali, District Deoria.

It is argued by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. It is next argued that as per prosecution version, on 31.12.2018 at a private function, accused-applicant and co-accused persons did obscene activity with the daughter of the complainant who is aged about 15 years and when objected by her family members, the accused persons caused injury to victim by throwing bricks. Learned counsel for the applicant has next submitted that in the FIR, it is alleged that the applicant has caused injury to the injured Anita and other co-accused persons have assaulted the injured Suraj. Perusal of the injury report shows that the injured Suraj and Anita have suffered three injuries each on their person, however, the injuries of Anita are found to be simple in nature and there is no supplementary injury report of other injured Suraj, as such, his injuries are also simple in nature. It is argued that co-accused Seraj, Jimmi, Raja @ Shakil Ahmad and Imran, having identical role, have been granted bail by a co-ordinate Bench of this Court vide orders dated 13.03.2019, 03.04.2019 and 09.04.2019 passed in Crl. Misc. Bail Application Nos.10853, 10849, 13866 and 14641 of 2019 respectively. Accordingly, the applicant is also entitled for bail on the ground of parity. It is next contended that the applicant has no criminal history and there is no possibility of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 24.01.2019. Accordingly, he requests for bail.