ASHUTOSH RATHI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the applicant and learned A.G.A. for the State.

(2.) It appears that there was commercial relation-ship between the informant and the applicant. The first information report has been lodged only to pressurize the applicant to make payment of money, which is claimed by other side. It has been submitted by the learned counsel for the applicant that without approaching the civil court liability of the party cannot be determined. The first information report has been lodged in abuse of process of court. The applicant is in jail since 31.07.2019.

(3.) On the other hand learned AGA has opposed the prayer for bail but could not dispute the above submissions. Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, submissions of the learned counsel for the parties noted herein above, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.