Mahendra v. State of U.P.

Court No. - 76

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5326 of 2022

Applicant :- Mahendra Opposite Party :- State of U.P. Counsel for Applicant :- Yatindra,Ajay Singh Yadav Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Yatindra and Sri Ajay Singh Yadav, learned counsel for the applicant and Sri Vijay Kumar Pandey, learned A.G.A. appearing for the State-respondent.

The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 0243 of 2021, under Sections 419, 420, 467, 468, 471, 427 and 120-B I.P.C., Police Station Shahganj, District Jaunpur.

Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to rivalry between the parties arising out of a civil dispute. The other coaccused namely Dharmendra and Ratan have been granted bail by means of an order dated 9.2.2022 passed by this Court in Criminal Misc. Bail Application No. 3530 of 2022 (Dharmendra and another vs. State of U.P.) and another coaccused namely Yogendra Jaiswal has been granted bail by means of an order dated 16.2.2022 passed by this Court in Criminal Misc. Bail Application No. 4808 of 2022 (Yogendra Jaiswal vs. State of U.P.), hence the applicant is also entitled to be enlarged on bail on the ground of parity. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, he will not misuse the liberty of bail. Learned counsel for the applicant further submitted that there is no criminal history of the applicant except the present case and he is languishing in jail since 8.12.2021.