Vijay Singh v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21948 of 2019

Applicant :- Vijay Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

Hon'ble Krishna Pratap Singh,J.

Heard Mr. A.K.S. Bais, learned counsel for the applicant as well as Mr. Santosh Kumar Upadhyay, learned AGA for the State and perused the material placed on record.

It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive.It is further submitted by the learned counsel for the applicant that the the alleged recovery of country made pistols and other equipments are false, fabricated and planted. In fact, no such recovery was effected from the possession of the applicant. The applicant has no concerned with the alleged recovery. There is no independent witness of the alleged recovery. It is also submitted by the learned counsel for the applicant that applicant does not have any criminal history in his credit and co-accused Dharmvir has already been granted bail by this Court vide order dated 08.07.2019 passed in Crl. Misc. Bail Application No.25057 of 2019. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 30.03.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.

Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.