Kuber v. State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18423 of 2019

Applicant :- Kuber Opposite Party :- State Of U.P. Counsel for Applicant :- Mandvi Tripathi,Alka Upadhyay Counsel for Opposite Party :- G.A.

Hon'ble Ram Krishna Gautam,J.

By means of this application the applicant Kuber has prayed to release him on bail in Case Crime No. 142 of 2015, u/s 386 I.P.C., P.S. Garhipukhta, District Shamli.

Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.

Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number, whereas role of alleged demand of money under threat was assigned to Ramesh and Ravi alias Tullu, both residents of village of informant and the present applicant Kuber is resident of other village. The informant was aware of the voice of Ramesh and Ravi @ Tullu. Ramesh has been enlarged on bail by another coordinate Bench of this Court. The role of the present applicant Kuber was that he was present in the Jail when Ravi @ Tullu took the informant a bit away where he made the demand and extended threat. Subsequently call was made by Ramesh and Ravi @ Tullu followed by name of Kuber, as has been said in the statement of the informant recorded u/s 161 Cr.P.C. whereas the accused-applicant is of no concern with above alleged occurrence nor there is any chance of tempering with evidence. Hence bail has been prayed for during trial.