Balram v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28283 of 2019

Applicant :- Balram Opposite Party :- State Of U.P. Counsel for Applicant :- Virendra Kumar Gupta Counsel for Opposite Party :- G.A.

Hon'ble Krishna Pratap Singh,J.

Heard Sri Virendra Kumar Gupta, learned counsel for the applicant as well as Ms. Seema Shukla, learned AGA for the State and perused the material placed on record.

It is argued by the learned counsel for the applicant that applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that alleged recovery of illegal liquor is false, fabricated and planted. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that there is no independent witness of the alleged recovery and the applicant has no concern with the alleged recovery. It is also submitted that applicant has no criminal history in his credit. It is next submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 17.06.2019. In case he is enlarged 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.