Rishu v. State of U.P.

Court No. - 92

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39065 of 2022

Applicant :- Rishu Opposite Party :- State of U.P. Counsel for Applicant :- Amrita Kashyap,Shams Uz Zaman Counsel for Opposite Party :- G.A.

Hon'ble Gajendra Kumar,J.

Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

The present bail application has been filed by the applicant seeking bail in Case Crime No.109 of 2021, under Section 41/411, 413, 414, 473/34 IPC, Police Station- Kasiya, DistrictKushinagar.

Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime due to ulterior motive. As per the FIR, it is alleged that the applicant along with other co-accused has stolen the 4 motorcycles and one electronic auto rickshaw, which false and fabricated. It is further submitted that police has recovered only one motorcycle bearing No.UP 57 AW 2256 from the possession of the applicant. It is next submitted that except the present case, applicant has four criminal history to his credit, which has been explained in para 11 to the affidavit to the bail application and in all the cases, the applicant has been granted bail, copies whereof have brought on record as Annexure 2 to the bail application. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 19.02.2022 and the possibility of conclusion of trial in near future is very bleak.