Kakey v. State of U.P.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7612 of 2023

Applicant :- Kakey Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tripathi Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Supplementary affidavit filed by learned counsel for the applicant is taken on record.

Heard learned counsel for the applicant and Shri D.P.S. Chauhan, learned A.G.A. appearing for the State and perused the record.

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 involved in the crime as alleged in the F.I.R. It is further submitted that it is no injury case lodged by the police. It is further submitted that nothing incriminating has been recovered from the possession or pointing out of the applicant, even he was not arrested from the spot. It is further submitted that co-accused Anuj Shukla, Prakhar Shukla, Jabar Singh, Dheeru Thakur and Renu Jatav have been released on bail by the coordinate Benches of this Court and orders are annexed as Annexure no. 2 to the affidavit filed in support of the bail application and applicant is also entitled for bail. It is further submitted that there is criminal history of the applicant and the same has been properly explained in para no. 12 of the affidavit filed in support of the bail application. 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 is further submitted that there is no possibility of the trial to be concluded in near future. 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 13.05.2010.