VINEET Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Vinay Saran, learned Senior Advocate assisted by Sri Saurabh Srivastava and Sri Pradeep Kumar Mishra, learned counsels for the applicant, Ms. Roshni Dwivedi, holding brief of Sri Atul Kumar, learned counsel for the informant, learned A.G.A. for the State and perused the material on record.

(2.) The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 311 of 2023, registered under Ss. 323, 354, 354-B, 504, 506, 376 I.P.C., Police Station Titavi, District Muzaffarnagar during pendency of the trial.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Story as narrated in the FIR is not plausible. The applicant is brother-in-law of the informant. Informant marriage was solemnized with brother of the applicant in the year 2017 subsequently, who died in the year 2020. Victim had five years old son. Victim has raised dispute for partition of family property on this account, instant FIR has been lodged against the applicant and other family members. Allegation in the FIR as well statement of victim recorded U/s 161 and 164 Cr.P.C. are false and is not supported by any cogent evidence. Injuries of the victim are simple in nature. Prima facie, on perusal of FIR and statement of victim and other evidences, no offence under the alleged Sec. is made out. Applicant has no previous criminal antecedents. He further submitted that applicant's mother moved complaint before SSP, Muzaffarnagar, before filing of FIR, against the victim. The police after investigation submitted report that applicant's mother in her protection from victim has moved application as victim is raising voice for partition of the property and is claiming share in the property. There is no prospect of trial of the present case being concluded in near future due to heavy dockets. It is next submitted that there is no possibility of fleeing away of the applicant from the judicial custody or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is languishing in jail since 22/11/2023.