SAILESH YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Lal Chand Mishra, Advocate holding brief of Shri Lal Bahadur Yadav, learned counsel for the applicant, Shri Tej Bhan Singh, learned A.G.A. for the State and perused the material on record.

(2.) The present bail application has been filed on behalf of applicant Sailesh Yadav under Sec. 439 of the Code of Criminal Procedure, with a prayer to release him on bail in Case Crime No. 525 of 2023 for offence punishable under Ss. 307, 395, 34, 120-B of the Indian Penal Code, registered at Police Station Deogaon, District Azamgarh, during pendency of the trial, after rejecting the bail application of the applicant by Incharge Special Judge (E.C. Act)/Additional Sessions Judge, Azamgarh vide order dtd. 14/3/2024.

(3.) Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that the first information report dtd. 14/11/2023 has been lodged under Sec. 307, IPC against four unknown persons. It is further submitted that after about two months of the lodging of the first information report, the applicant and four other accused were arrested after receiving information from the police informer. It is further submitted that no incriminating article has been recovered from the possession of the applicant and on the basis of confessional statement, the applicant has been implicated in the present case.