VIJAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Supplementary affidavit filed on behalf of the applicant is taken on record.

(2.) Heard learned counsel for the applicant, learned counsel for the first informant/complainant, learned brief holder appearing on behalf of the State and perused the material brought on record.

(3.) The submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated due to ulterior motive. It is further submitted that a concocted and false story has been set up by the prosecution whereas the applicant has not committed any offence as alleged. It is next submitted that there is no credential evidence against the applicant which may show involvement of the applicant in the present case. There is no independent reliable eye witness of the alleged incident. It is next submitted that there is various contradictions in the version of F.I.R. as well as statement recorded under sec. 161 and 164 Cr.P.C. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. Further submission is that applicant who is in jail since 22.11.2020, has no previous criminal history and there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Applicant also undertakes that he will not misuse the liberty, if granted.