Sunny v. State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31343 of 2019

Applicant :- Sunny Opposite Party :- State Of U.P. Counsel for Applicant :- Puneet Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Ajit Singh,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

This is a bail application on behalf of the applicant in connection with Case Crime No. 224 of 2019, under Sections 380, 457, 411 IPC, P.S. Majhola, District Moradabad.

The contention of the learned counsel for the applicant is that the applicant is quite innocent and has been falsely implicated in the present case and he was not named in the FIR. He further submitted that nothing incriminating has been recovered from the possession of the present applicant. He next submitted that there is no public witness of the alleged recovery. He further submitted that all the offences are triable by the Magistrate. Lastly, he submitted that the applicant is languishing in jail since 4.4.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

Learned AGA has opposed the bail plea.

Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.