Ajay Yadav v. State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27721 of 2019

Applicant :- Ajay Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Kumar Srivastava 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. 64 of 2019, under Sections 394 and 411 I.P.C., P.S. Paniyara, district-Maharajganj, 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. He is absolutely innocent and has been falsely implicated in the present case due to some ulterior motive. The alleged recovery of Rs. 10,800/which has been shown from the applicant's possession is false one. There is no public witness of the alleged recovery. No identification parade was conducted to ascertain the real culprit. Further submission is that the other co-accused whose role was identical to the present accused has already been granted bail by this Court by order dated 5.7.2019, copy of the bail order produced by learned counsel for the applicant is taken on record.

He lastly submitted that the applicant has no criminal history. He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22. Applicant 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.