Rinku v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4131 of 2022

Applicant :- Rinku Opposite Party :- State of U.P. Counsel for Applicant :- Alka Upadhyay,Chandan Kumar Singh,Manish Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Siddharth,J.

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

The instant bail application has been filed on behalf of the applicant, Rinku, with a prayer to release him on bail in Case Crime No. 621 of 2021, under Sections 392,411 IPC Police Station Gandhi Park, District- Aligarh, during pendency of trial.

There is allegation of robbery of mobile phone against the applicant,who is tempo driver. Learned counsel for the applicant has submitted that applicant has been falsely implicated in this case. The informant alonwith his daughter were traveling in his tempo and due to dispute regarding fare applicant has been falsely implicated in this case.He is in jail since 6.11.2021 and has no criminal history.

Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid facts.

Keeping in view the nature of the offence, argument advanced on behalf of the parties, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and recent judgement dated 11.7.2022 of the Apex Court in the case of Satendra Kumar Antil Vs. C.B.I., passed in S.L.P. (CRL.) No. 5191 of 2021 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.