Badaku v. State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3226 of 2019

Applicant :- Badaku Opposite Party :- State Of U.P. Counsel for Applicant :- Shailendra Kumar Ojha Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

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

Argument on behalf of the applicant has been extended to the effect that in this case, applicant is innocent and has been falsely implicated in this case on account of village party- bandi. It is a complaint case. The applicant has no role to play in the commission of the offence. Applicant is not the beneficiary of the dispute in question. The main role assigned to commit commission of the offence is concerned to Gyaendra, who is the main beneficiary of the dispute in question. Nothing incriminating has been recovered from the possession of the applicant. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 18.12.2018 in the present case.

The learned A.G.A. has vehemently opposed the prayer.

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.