Radheyshyam v. State of U.P.

Court No. - 78

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45966 of 2023

Applicant :- Radheyshyam Opposite Party :- State of U.P. Counsel for Applicant :- Bibhuti Narayan Singh Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the entire record.

1. The present bail application has been filed by the applicant in case crime No. 188 of 2023, under Section 384, 506 IPC and Section 7/12 of Prevention of Corruption Act, police station Kolhui, District Mahrajganj with the prayer to enlarge the applicant on bail.

1. It has been argued by learned counsel for the applicant that the applicant-accused is innocent and he has been falsely implicated in this case. Applicant is not named in the first information report. In the first information report, it was alleged that on 28.03.2023 at 11:30 PM while the informant was carrying the goods by the truck, three persons came on a motorcycle and one of them was in police uniform and they demanded entry fee of Rs. 10,000/- for ARTO Pradeep Kumar and on that pretext they have extorted an amount of Rs. 5,000/- from the informant. It was submitted that the name of applicant has figured during investigation on the ground that the applicant was working as driver of co-accused Mathura Prasad. Co-accused ARTO Pradeep Kumar has already been granted bail by the trial court itself. It was further submitted that there is no specific allegation against the applicant and that nothing has been recovered from the applicant. It was submitted that the applicant is in judicial custody since 24.08.2023 and that in case, applicant is enlarged on bail, the applicant will not misuse the liberty of bail. Lastly, it was submitted that co-accused Janardan Kumar and Ganesh Mishra have already been granted by this Court, copies of which, are available on record.