Nitesh v. State of U.P.

Neutral Citation No. - 2023:AHC:227173

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46979 of 2023

Applicant :- Nitesh Opposite Party :- State of U.P. Counsel for Applicant :- Dileep Singh Yadav Counsel for Opposite Party :- G.A.

Hon'ble Umesh Chandra Sharma,J.

1. Supplementary affidavit filed on behalf of the applicant is taken on record.

1. Heard learned counsel for the applicant, learned AGA for the State and perused the record.

1. The instant bail application has been filed with a prayer to enlarge the applicant on bail in Case Crime No.378 of 2023, under Sections 147, 307, 325, 323, 34 IPC, Police Station Kotwali, District Mainpuri, during the pendency of trial.

1. It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. No specific role has been assigned to the applicant. It is also contended that the co-accused, Nitesh has already been enlarged on bail by a coordinate Bench of this Court vide order dated 11.10.2023 passed in Criminal Misc. Bail Application No.43113 of 2023. Criminal history of the applicant has been explained in paragraph-2 of the supplementary affidavit in which the applicant has already been enlarged on bail. He further submitted that since the case of the applicant is on the better footing to that of aforesaid co-accused who has already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. There is no likelihood of his abscondence or tampering with the evidence. The applicant is languishing in jail since 18.09.2023. In case the applicant is released on bail, he will not misuse the said liberty.