Mayank v. State of U.P.

Court No. - 86

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8050 of 2023

Applicant :- Mayank Opposite Party :- State of U.P. Counsel for Applicant :- Marjeet Mishra Counsel for Opposite Party :- G.A.

Hon'ble Vivek Kumar Singh,J.

Heard learned counsel for the applicant and learned A.G.A. appearing on behalf of the State and perused the material brought on record.

It is contended by learned counsel for the applicant that applicant is not named in the First Information Report. The applicant is innocent and has been falsely implicated in the present case on presumption. There is no independent, impartial reliable witness of the alleged incident. It is next contended that nothing incriminating article was recovered from the possession of the applicant or on his pointing out. In fact recovery shown against the applicant is planted by the police personnel of the concerned Police Station. It is next contended that the ingredients of offences are absent and entire prosecution story is based on false and frivolous allegations. It is further contended that no specific role has been assigned to the applicant. 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 applicant has no previous criminal history and there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 21.11.2022, and undertakes that he will not misuse the liberty, if granted.