Amit Khari v. State of U.P.

Neutral Citation No. - 2023:AHC:123993

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16809 of 2023

Applicant :- Amit Khari Opposite Party :- State of U.P. Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.,Kapil Tyagi

Hon'ble Vivek Kumar Singh,J.

1. Heard learned counsel for the applicant and Shri Mithilesh Kumar, learned A.G.A. appearing for the State and perused the record.

1. It has been contended by the learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive. It is next contended that the applicant is not named in the F.I.R. and his name has come into light during the course of investigation. It is further submitted that no specific role of assault has been assigned to the applicant. It is next contended that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged in the F.I.R. It is further submitted that specific role of causing fire injury has been assigned to co-accused Rane @ Kapil. It is further submitted that ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further submitted that trial is not likely to be concluded in near future. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is languishing in jail since 10.02.2023 and he has no criminal history.