Akash Bharti v. State of U.P.

Neutral Citation No. - 2023:AHC:228168

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44295 of 2023

Applicant :- Akash Bharti Opposite Party :- State of U.P. Counsel for Applicant :- Satya Prakash Shukla Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma,J.

1. Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

1. The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 155 of 2023 under Sections 307, 147, 148, 504, 506, 34 I.P.C., and Section 7 Criminal Law Amendment Act and Section 4/25 Arms Act, Police Station- Obra, District- Sonbhadra, during the pendency of the trial.

1. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. The applicant is neither named in the F.I.R. nor involved in the present offence. His name surfaced during investigation, however, no specific role has been assigned to the applicant. The role of assaulting with knife has been assigned to co-accused Sushil Kumar. The recovery of the knife has been shown from the joint possession of the applicant and the co-accused. It is next contended that the co-accused Roshan Kumar, having identical role, has been granted bail by this court in Criminal Misc. Bail Application No. 40620 of 2023 vide order dated 18.9.2023. The applicant claims parity. The criminal history of the applicant has been explained in para 2 & 3 of the supplementary affidavit. The applicant is in jail since 15.7.2023, in case he is enlarged on bail, he will not misuse the said liberty.