Shubham v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48059 of 2021

Applicant :- Shubham Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Prasad Mishra,Anurag Pathak,Harshit Pathak 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. Applicant was not named in the F.I.R. Alleged recovery of pulse of gram and refined oil is false. No any public witness was there at the time of said recovery. Further submitted that coaccused Monu has already been granted bail by coordinate Bench of this Court on 24.2.2022 through Criminal Misc. Bail Application No. 48739 of 2021, since the role of the applicant is not distinguishable with the role of co-accused, the applicant is also entitled for bail. There is no criminal history against the applicant. He is languishing in jail since 4.9.2021 and 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.

Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the fact that co-accused person has already been granted bail and the case of the present applicant is on similar footing and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a fit case for bail. The bail application is allowed.