Ajai Singh v. State of U.P.

Court No. - 44

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49138 of 2018

Applicant :- Ajai Singh Opposite Party :- State Of U.P. Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Supplementary affidavit filed is taken on record.

Heard learned counsel for the applicant as well as learned AGA for the State of U.P and perused the material available on record.

Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case. The applicant is not named in the first information report. There is no credible evidence appearing against the applicant to connect him with the alleged offence. Nothing incriminating has been recovered from the possession of the applicant. Criminal history of the applicant has been explained under paragraph no.3 of the supplementary affidavit. In case, the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant is languishing in jail since 13.7.2018.

Learned AGA has opposed prayer for bail. However, he has not disputed the aforesaid facts.

Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail.