UDAY SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri. Rajesh Kumar, learned counsel for applicant, Shri. Om Prakash Mishra, learned A.G.A. for State and perused the record.

(2.) Applicant has approached this Court by way of filing the present Criminal Misc. Bail Application under Sec. 439 Cr.P.C. seeking enlargement on bail in Case Crime No.97 of 2022, under Ss. 147, 148, 149, 307, 504, 506, 323, 336 I.P.C. and Sec. 7 Criminal Law Amendment Act, Police Station-Fatehpur Sikri, District-Agra, after rejection of his Bail Application vide order dtd. 25/5/2022, passed by Additional Sessions Judge, Court No.1, Agra.

(3.) Applicant is an accused along with 64 named co-accused with many unknown accused. Allegation against the applicant is that he was part of an unlawful assembly which not only injured private persons, but also injured the police officials. Learned counsel for the applicant submits that applicant has no criminal history and similarly situated three co-accused have been granted bail by this court. He further submits that injuries caused to injured persons were not of grievous nature and at this stage evidence in regard to forming unlawful assembly as well as participation in furtherance of its common object could not be a reason to keep the applicant behind the bars. It is lastly submitted that the applicant is languishing in jail since 11/5/2022, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.