Hero v. State of U.P.

Court No. - 69

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6859 of 2018

Applicant :- Hero Opposite Party :- State Of U.P. Counsel for Applicant :- Shiv Sharan Tripathi,Vinod Singh Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard Sri Shiv Sharan Tripathi, learned counsel for the applicant, Sri Abhinav Prasad, learned AGA for the State and perused the material brought on record.

The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in the present case due to enmity. Nothing has been recovered from the possession or on pointing of the applicant to indicate the involvement of the applicant in the alleged crime. Further submission is that apart from the bald allegations made in the FIR no credible evidence whatsoever is forthcoming even prima facie indicating applicant's complicity in the commission of the alleged offence. Further submission is that no specific role of assault has been assigned to applicant. Injuries found on the body of the injured are of knife and the said knife has been recovered from the possession of the co-accused Ravi who has been granted bail by a co-ordinate Bench of this Court vide order dated 30.8.2017 passed in Crl. Misc. Bail Application No. 28998 of 2017, hence applicant is also entitled to bail on the ground of parity. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 15.2.2017, has no other criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertake that he will not misuse the liberty, if granted.