Pawan v. State of U.P.

Court No. - 89

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5299 of 2022

Applicant :- Pawan Opposite Party :- State of U.P. Counsel for Applicant :- Ankur Singh Kushwaha Counsel for Opposite Party :- G.A.

Hon'ble Anil Kumar Ojha,J.

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

This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant Pawan seeking enlargement on bail during trial in connection with Case Crime No. 0961 of 2021, under Sections 147, 148, 149, 302 I.P.C. registered at P.S.- Baghpat, District- Baghpat.

Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated. Applicant is not named in the FIR. The role assigned to the applicant is that of exhortation only. Noting has been recovered from the possession of the applicant. There are no criminal antecedents of the applicant. Further submitted that the applicant is languishing in jail since 15.10.2021.

Per contra, learned A.G.A. opposed the prayer for bail, however, conceded the fact that role of only exhortation has been assigned to the applicant.

Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of accused and all other attending circumstances were duly considered.