Neelesh v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55773 of 2021

Applicant :- Neelesh Opposite Party :- State of U.P. Counsel for Applicant :- Sarvesh Kumar Dubey 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 in this case, initially case was registered under Sections 376-D, 506, 120-B IPC and Section 3/4 POCSO Act. During investigation, offence under Section 506 IPC was found to be made out against the applicant Neelesh in which charge sheet was submitted by Investigating Officer even learned trial court has also rejected the bail application of applicant under Section 506 IPC. Further submitted that on the basis of charge sheet, cognizance was also taken vide order dated 25.11.2021 by the learned trial court. He is innocent and has been falsely implicated in the present case. There are criminal history of two cases against the applicant which has been explained. He is languishing in jail since 29.09.2021 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 but acceded the fact that after investigation charge sheet was submitted against the applicant under Section 506 IPC and cognizance has also been taken by the court concerned under Section 506 IPC and other co-accused persons have been charge sheeted under Sections 376-D, 506, 120-B IPC and Section 3/4 POCSO Act.