Rajeev v. State of U.P.

Court No. - 88

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22287 of 2021

Applicant :- Rajeev Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey Counsel for Opposite Party :- G.A.

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant and the learned A.G.A. for the State.

Contention is that in this case both the sides indulged virtually in freefight and it is not a case where common object or common intention is prevailed among the accused who were allegedly present on the spot. In so far as the role of the present applicant is concerned then his role is confined only to causing simple injury to two injured on the informant side- say- Dharmendra and Khushi Ram. In case, the applicant is admitted to bail, there is no possibility of absconding or misusing the liberty of bail. The applicant has no criminal history and is languishing in jail since 01.03.2021 in the present case.

The learned A.G.A. has vehemently opposed the prayer.

Considering the rival submissions and the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with the witness and prima facie case, without expressing any opinion on merit of the case, this bail application is allowed.