Ravindra v. State of U.P.

Court No. - 34

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16731 of 2020

Applicant :- Ravindra Opposite Party :- State of U.P. Counsel for Applicant :- Girja Shanker Mishra Counsel for Opposite Party :- G.A.,Lalit Kumar Shukla

Hon'ble Suneet Kumar,J.

Heard Ms. Pratiksha Rai, Advocate, assisted by Sri Girja Shanker Mishra, learned counsel for the applicant, Sri Lalit Kumar Shukla, learned counsel for the first informant and learned A.G.A. appearing for the State.

As per the prosecution case, two nominated persons, including, the applicant and two unknown persons are said to have assaulted the injured after stopping his vehicle; the injury report shows fracture on nasal bone on both sides; the allegations are general in nature; the author of the assault has not been identified. It is further urged that the instant case has been lodged in retaliation to the criminal case (Crime Case No. 46 of 2020) lodged on the side of the applicant against the complainant and his family members; the applicant is aged about 19 years having no criminal antecedent. It is lastly submitted that the applicant has no other reported criminal antecedent and he is languishing in jail since 12.05.2020, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.

Learned A.G.A. opposed the prayer for bail.

Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.