Chhota v. State of U.P.

Court No. - 22

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45806 of 2018

Applicant :- Chhota Opposite Party :- State Of U.P. Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Umesh Kumar,J.

Applicant- Chhota seeks bail in Case Crime No. 300/17 under Sections 364, 120B, 201 IPC , Police Station Dadon, District Aligarh.

Heard learned counsel for the applicant and learned AGA for the State.

It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case; the name of the applicant came into light pursuant to the telephonic call heard by Bhola and that was subsequently communicated to Sarwan(father of deceased-Nitesh); the statement of Bhola was recorded on 30.1.2018, while the statement of Sarwan was recorded on 22.1.2018. The contention of learned Counsel is that name of the present accused surfaced after two months of the alleged incident and no specific role is assigned. Lastly, it has been submitted that applicant is in jail since 4.9.2018.

Bail has been opposed by learned AGA on behalf of the State.

The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.