Ashish Sharma v. State of U.P.

Court No. - 72

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17196 of 2020

Applicant :- Ashish Sharma Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Satsangi,Piyush Kumar Shukla Counsel for Opposite Party :- G.A.,Jai Singh Parihar

Hon'ble Neeraj Tiwari,J.

Heard learned counsel for the applicant, Sri Jai Singh Parihar, learned counsel for the informant and learned AGA for the State and perused the material placed on record.

It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case, in fact informant himself is involved in fraudulent activities by receiving money. In the present case, it is admitted fact that all the transactions took place at the residence of informant. It is an allegation of informant that he has also deposited money in the account of applicant through bank transactions and for that counsel for the informant was granted by this Court time on 2.9.2020 to file counter affidavit, but he has not filed the same. It is further submitted that informant himself is having criminal history and proceeding under section 138 of Negotiable Instruments Act was also initiated against the informant by one Lalu Prasad Kostha who had given the money to him for providing job, but when the job was not provided, he had filed Complaint Case No. 2770 of 2019 under Section 138 of Negotiable Instruments Act against the informant. The applicant is having criminal history of three cases which are explained in the affidavit. There are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 4.1.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.