Umakant v. State of U.P.

Court No. - 79 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14510 of 2021 Applicant :- Umakant Opposite Party :- State of U.P. Counsel for Applicant :- Arimardan Yadav,Jadu Nandan Yadav,Sushil Dubey Counsel for Opposite Party :- G.A.,Shailendra Kumar Tripathi

Hon'ble Rajiv Joshi,J.

Heard Sri Sushil Dubey, learned counsel for the applicant, learned A.G.A. for the State and perused the record. The case was listed peremptorily, nobody has appeared on behalf of the informant even in the revised call of additional cause list although the name of Sri Shailendra Kumar Tripathi is shown as counsel for the informant.

The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.189 of 2020, under Sections 147, 148, 149, 307, 323, 504, 506 I.P.C., Police Station Vishungarh, District Kannauj during the pendency of trial.

It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is further contended that no specific role has been assigned to the applicant and other co-accused persons and as per medical report the injuries received by the injured are simple in nature. It is also contended that the co-accused, Nayab Singh has already been released on bail by a coordinate bench of this Court vide order dated 29.07.2021 in Criminal Misc. Bail Application No.11300 of 2021, the case of the applicant stands on identical footing to that of the co-accused, hence, the applicant is also entitled to be released on bail on the ground of parity. Lastly it is contended that the applicant is in jail since 27.12.2020 having no criminal history to his credit as explained in paragraph no.16 of the affidavit filed in support of the affidavit filed along with the bail application and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.