DINESH YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Mohd. Shoeb Khan, learned counsel for the applicant and Sri Sanjay Singh, learned A.G.A.-I, for the State.

(2.) It has been contended by the learned counsel for the applicant that applicant has been falsely implicated in the present case due to ulterior motive of the police concerned, the applicant is neither gang leader nor member of any Gang. It is next contended that four cases have been shown against the applicant in the FIR/Gang Chart and in the said case/cases, the applicant has been granted bail which has been properly explained in the Supplementary Affidavit filed in this case. It is next contended that without any consideration of evidence by the police about the evidence that may show that the applicant is a member of a criminal gang or its leader, he has been implicated in the present crime. There is no evidence on record to show that the applicant is a member of a criminal gang or its leader. It is further contended that there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 25.08.2020, undertakes that he will not misuse the liberty, if granted.

(3.) Learned A.G.A. has vehemently opposed the prayer but has not disputed the aforesaid fact.