Rajiv v. State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26739 of 2019

Applicant :- Rajiv Opposite Party :- State Of U.P. Counsel for Applicant :- Jadu Nandan Yadav,Agnivesh Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

By means of this application, the applicant who is involved in Case Crime No. 92 of 2019, under Sections 457, 380 and 411 I.P.C., P.S. Nawabganj, district-Farrukhabad, is seeking enlargement on bail during the trial.

Learned counsel for the applicant submitted that the applicant was not named in the first information report. His name as an accused in the present case surfaced for the first time in the confessional statements of co-accused Ram Kailash and Govind. No incriminating article or material has been recovered either from the applicant or on his pointing out. He next submitted that the applicant has not committed any offence and he has been falsely implicated in the present case due to some ulterior motive. Further submission is that co-accused Ram Kailash and Govind have already been enlarged on bail by another Bench of this Court vide orders dated 28.5.2019 and 31.5.2019 passed in Criminal Misc. Bail application Nos. 22237 of 2019 and 23049 of 2019, copy whereof has been filed as Annexure-2 to the affidavit accompanying the bail application.

He lastly submitted that the applicant has no criminal history. He is languishing in jail since 19.4.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.