Pankaj v. State of U.P.

Court No. - 49

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38089 of 2022

Applicant :- Pankaj Opposite Party :- State of U.P. Counsel for Applicant :- Hiralal Counsel for Opposite Party :- G.A.

Hon'ble Nalin Kumar Srivastava,J.

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

It is submitted by the learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case by the police. He has not committed the present offence. He is not named in the F.I.R.. Alleged offences are not made out against the applicant. Applicant has been languishing in jail since 21.6.2022 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

On the other hand, learned A.G.A. opposed the prayer for bail.

It has been pointed out that on the same footing, the co-accused Manish Yadav has been granted bail by coordinate Bench of this Court vide order dated 26.9.2022 passed in criminal misc. bail application no.38834 of 2022. General allegations have been made in the F.I.R. Applicant has been languishing in jail since 21.6.2022. Grounds taken in the bail application are sufficient. Hence, keeping in view the nature of the offence, evidence, complicity of accused, severity of punishment, submissions of the learned counsel for the parties, the dictum of Apex Court in the case of Dataram Singh vs. State of U.P. and another, (2018) 3 SCC 22 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.