GOVIND PRASAD YADAV Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard learned counsel for the accused-applicant, as well as learned A.G.A. for the State and perused the record. Learned A.G.A. informs that he has procured complete instructions in the matter, including upto date case diary and charge-sheet in this case has already been filed. Supplementary affidavit filed on behalf of the applicant is taken on record.

(2.) This bail application has been moved by the accused/applicant- Govind Prasad Yadav for grant of bail in Case Crime No.01325 of 2022, under Ss. 420, 406, 506, 467, 468, 471 and 120-B IPC lodged at Police Station Kotwali Nagar, District Barabanki, during trial.

(3.) Learned counsel for the accused-applicant, while pressing the bail application, submits that the applicant has been falsely implicated in this case and, he has not committed any offence, as claimed by the prosecution and, even if the case of the prosecution, as narrated in the FIR as well as in the statement of prosecution witnesses, is taken on its face, the only allegation which has been levelled against the applicant is to the tune that he has failed to construct boundary-wall on the boundaries of the land while the money for that purpose had already been taken by him. It is further submitted that the charge-sheet in this case has already been filed and the applicant is languishing in jail in this case since 28/11/2023. Criminal history of five cases has been explained in the supplementary affidavit filed today. Co-accused- Krishna Kant Srivastava, whose role in the alleged crime is graver than the applicant, has been enlarged on bail by this Court vide order passed in Criminal Misc. Bail Application No.14166 of 2023 and there is no apprehension that after being released on bail, he may flee from the course of law or may otherwise misuse the liberty.