Sanjay v. State of U.P.

Court No. - 66

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43948 of 2019

Applicant :- Sanjay Opposite Party :- State Of U.P. Counsel for Applicant :- Rajeev Kumar Singh Counsel for Opposite Party :- G.A.

Hon'ble Rajul Bhargava,J.

Heard Sri Rajeev Kumar Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the record.

The present bail application has been filed by the applicantSanjay in Case Crime No. 03 of 2019, under Sections 147, 302 I.P.C., Police Station- Belipar, District- Gorakhpur with the prayer to enlarge him on bail.

Submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. According to the first information report, eight nominated accused are stated to have strangulated the deceased on account of previous enmity. The applicant has been described as the son-in-law of co-accused Gopal by the wife of the deceased. It is stated that even in the statement under Section 164 Cr.P.C. no role whatsoever has been attributed to the applicant and it is stated that the applicant was seen running away along with other co-accused. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 5.7.2019, having no criminal history to his credit, deserves to be released on bail.

Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.