GIRRAJ Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material brought on record.

(2.) It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case due to enmity. There is delay in lodging of the First Information Report in this case. It is next submitted that there is no cogent and 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. The applicant has no motive to commit the alleged offence. There are contradictions in oral and medical testimony. From perusal of the statement of the complainant (copy of which has been annexed as Annexure-1 to the Rejoinder Affidavit filed in this case) it reveals that she has stated that incident is of night and only allegation against the applicant is of pushing the deceased. 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 there is no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant is in jail since 12/11/2021 and undertakes that he will not misuse the liberty, if granted.

(3.) Learned A.G.A. and learned counsel for the first informant/complainant have vehemently opposed the bail prayer of the applicant without disputing the aforesaid submissions of the learned counsel for the applicant and submitted that in case applicant is released on bail he will misuse the liberty of bail.