Sanjay v. State of U.P.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57072 of 2022

Applicant :- Sanjay Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A.,Vipin Kumar

Hon'ble Vivek Varma,J.

Heard learned counsel for the applicant, Sri Vikas Sahai, learned A.G.A. for the State-opposite party, and Sri Vipin Kumar, learned counsel for the informant.

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. 344 of 2022, under Sections 323, 342, 504, 506, 307, 120B I.P.C. and 75 Juvenile Justice Act, 2015, Police Station Bardah, District Azamgarh during the pendency of the trial.

It is contended that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 18.10.2022 and the first information report was lodged on 22.10.2022. The delay is fatal to the prosecution case. The injuries sustained by the victim are simple in nature. The applicant was not named in the first information report. Subsequently, in the statement of the informant and the victim the name of the applicant along with 2 others, who were also alleged to have assaulted the victim, was disclosed. No specific role has been assigned to the applicant. The applicant is in jail since 05.11.2022 having no criminal history and if he is released on bail, he will not misuse the said liberty.