BRIJ LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.

(2.) The present bail application has been filed by the applicant seeking bail in Case Crime No. 336 of 2023, under Ss. 307, 326 IPC, Police Station- Sarai Akil , District - Kaushambi.

(3.) Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. It is submitted that the incident occurred in night and there was no source of light in order to identify the criminal; there was no independent public witness to prove the alleged incident as well as recovery; no specific role has been assigned to the applicant; general allegations has been made against all the accused; the injuries sustained by the injured were superficial and not dangerous to life; the applicant has no previous criminal history. It is stated that after taking note of entire facts and circumstances of the case, co-accused, namely, Siyaram, has already been enlarged on bail by this Court vide order dtd. 5/3/2024 passed in Criminal Misc. Bail Application No. 50078 of 2023. Accordingly, the applicant is also entitled for bail. It is also submitted that there is no apprehension that after being released on bail, applicant may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 2/9/2023 and the possibility of conclusion of trial in near future is very bleak.