Ompal v. State of U.P.

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47884 of 2019 Applicant :- Ompal Opposite Party :- State of U.P. Counsel for Applicant :- Bhagwan Das Sharma Counsel for Opposite Party :- G.A.

Hon'ble Om Prakash-VII,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. It is case of purely circumstantial evidence. None of the witnesses interrogated during investigation have seen the occurrence. Referring to the statement of the witnesses interrogated during investigation, it is further submitted that they themselves have stated that deceased had taken liquor and was unconscious and also fell down from the motorcycle. Applicant and one Kamlesh were trying to lift him but they could not succeed and deceased died instantaneously. Referring to the aforesaid statement, it is further submitted that offence under Section 304 IPC is not made out in the present matter. FIR was lodged in the present matter on the basis of suspicion only. The applicant has no criminal history. He is languishing in jail since 21.08.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned AGA opposed the prayer for bail.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.