Hetram v. State of U.P.

Court No. - 71

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2663 of 2020

Applicant :- Hetram Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.,Varun Kumar Ag

Hon'ble Rajendra Kumar-IV,J.

Counter affidavit filed on behalf of Informant is taken on record.

Heard Sri Sushil Kumar Pandey, learned Counsel for the applicant, learned A.G.A. for State as well as Sri Varun Kumar Agnihotri, learned Counsel for Informant and perused the material available on record.

Accused-applicant, involved in Case Crime No.117 of 2019, under Sections 147, 148, 323, 342, 352, 324, 325, 307, 427, 504, 506 and 120-B IPC, Police Station Shergarh, District Mathura, applied for bail.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to enmity. He has committed no offence. Prosecution story is false and fake. General allegations have been levelled against the applicant by the informant in the FIR. No specific role has been assigned in causing of the alleged offence. Criminal history of the applicant has been explained in supplementary affidavit. There is no injury of lathi at vital part. Applicant is in jail since 16.12.2019. It is further submitted that there is no possibility of the applicant's fleeing away from the judicial process or tampering with the witnesses. In case, the applicant is enlarged on bail, he shall not misuse the liberty of bail. Due to heavy pendency of cases in the Court, there is no possibility of early conclusion of the trial. Lastly it has been submitted that case of present applicant is identical footing to the case of coaccused Saurabh @ Saudan, who has already granted bail on 15.10.2019 by a co-ordinate Bench of this Court in Criminal Misc. Bail Application No.41908 of 2019, therefore, the applicant be released on bail on the ground of parity also.