Sanju v. State of U.P.

Court No. - 80

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48010 of 2018

Applicant :- Sanju Opposite Party :- State Of U.P. Counsel for Applicant :- Jai Shanker Malviya,Mohd. Hasham,Rama Shankar Mishra Counsel for Opposite Party :- G.A.,N/A,Safiullah

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. 168 of 2018 under Sections 302/34 I.P.C., P.S. Asmouli District Sambhal (Bheem Nagar)

The contention of the learned counsel for the applicant is that the accused was not named in the FIR. He is absolutely innocent and has been falsely implicated in the present case due to ulterior motive. He further submitted that name of the present accused had surfaced during investigation. An application was filed by the complainant after 21 days of the incident in which the present accused and the co-accused Sheeshpal and Indrajeet were suspected that they had committed the crime. He further submitted that the co-accused Sheeshpal and Indrajeet who were having similar role, have already been enlarged on bail vide orders dated 17.01.2019 & 12.11.2018 passed by the another Bench of this Court in Criminal Misc. Bail Application Nos. 49568 of 2018 & 42250 of 2018.

He has placed reliance in the case of Data Ram Vs. State of U.P. and others, 2018(3) SCC 22 . The accused is languishing in jail since 29.05.2018 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.