Bablesh v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13561 of 2020

Applicant :- Bablesh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Verma Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard Sri Rajesh Kumar Verma, learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.

It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the co-accused namely Prem Shanker @ Parmai has already been granted bail another Bench of this Court vide order dated 29.11.2018 passed in Criminal Misc. Bail Application No.45619 of 2018, a copy of said order has been annexed as annexure-8 to the affidavit accompanying this bail application and the case of the applicant stands on identical footings. It has been pointed out that the applicant has no criminal history.

Learned A.G.A. has vehemently opposed the prayer.

Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.