RAM CHANDRA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Pankaj Kumar Yadav, learned counsel for the applicants and Sri Zafeer Ahmad, learned A.G.A. appearing for the State.

(2.) Learned counsel for the applicants in support of his prayer for bail submit that the applicants are innocent and they have been falsely implicated in the present case. It is further submitted that there is dispute in respect of land between the applicants and first informant. It is further submitted that the applicants are in relation to the first informant. It is further submitted that the present case against the applicants are nothing but malafide intention and counter blast of the NCR which was lodged by the applicant no. 1 against first informant and his associates. It is further submitted that there is general allegation has been made against all the accused persons, however, no specific role of causing injuries has been assigned to any of the accused. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 30.03.2018. The applicants have no other reported criminal antecedent.

(3.) Learned A.G.A. opposed the prayer for bail. Considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge and reformative theory of punishment, the applicants are entitled to be released on bail in this case.