Anil v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33172 of 2022

Applicant :- Anil Opposite Party :- State of U.P. Counsel for Applicant :- Daya Shanker Pandey Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

It is submitted by learned counsel for the applicant that he is innocent and has been falsely implicated in the present case for making conspiracy to commit murder of the deceased Dheeraj Tyagi. This applicant was not named in the F.I.R. but during investigation, the name of this applicant was bought into light. Further submitted that co-accused have already been acquitted in this case on the basis of evidence as recorded by the learned trial court of the prosecution witnesses. It is also submitted that the applicant was sent to jail in another case two times during trial of this case but no any step was taken by the court to summon this applicant from jail that was the reason he could not attend the trial and as he came to know about the case, he surrendered before the court concerned and sent to jail on 9.6.2022. Criminal history against the applicant has been explained properly through supplementary. In case, he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

Learned AGA opposed the prayer for bail.

Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.