MANOJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Mr. Prashant Kumar, learned A.G.A. for the State and perused the material on record.

(2.) The instant bail application has been filed on behalf of the applicant-Manoj with a prayer to release him on bail in Case Crime No. 369 of 2018, under Sections 307 and 120-B I.P.C., Police Station-Kotwali, District-Budaun, during pendency of trial.

(3.) In the affidavit accompanying the present bail application, it has been stated on behalf of the applicant that the applicant is innocent. The present first information report lodged by Renu i.e. mother of the injured, namely, Ashu, is nothing but a bundle of lie and the same has been lodged only for exploiting the applicant by indulging his name in a fake, false and frivolous case.The entire prosecution story as unfolded in the first information report is absolutely a self-made story projected by the informant. It has further been stated that as per the version of the first information report, on 12th July, 2018 at 09:30 p.m., the injured went to take milk along with the applicant, who was his friend. At midnight i.e. 01:30 a.m. on 13th July, 2018, Police informed the informant that the applicant assaulted the injured by knife and when the informant reached the hospital, she saw that the injured suffered injuries on his neck and stomach. It has further been stated that in the statement of the injured recorded under Section 161 Cr.P.C., it has been stated that the applicant assaulted the injured by knife due to which he sustained injuries on his neck and stomach but as per the medical examination report of the injured, he sustained injuries on his neck only, which makes the prosecution case doubtful. It has further been stated that there is no independent or public witness from the basis of which it can be said that the applicant is involved in the commission of the alleged offence. As per the case diary there is no supplementary or X-ray report qua the applicant from which it is established that the injured has sustained serious injuries. It has also been stated on behalf of the applicant that the applicant has no criminal antecedents except the present one. It has next been stated that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. The applicant is in jail since 16th July, 2018. As such, the applicant has undergone more than one year and nine months of incarceration.