Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41851 of 2018 Applicant :- Vijay Kumar Opposite Party :- State Of U.P.
Counsel for Applicant :- Atul Pandey,Sandeep Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard the learned counsel for the applicant as well as the learned A.G.A. for the State and perused the record, Contention raised on behalf of the applicant has been confined to the extent that the applicant is innocent and has been falsely implicated in this case without any reason. The applicant is not known to the first informant. No cheating or forgery has been committed by the applicant. There is no independent public witnesses of recovery. The applicant does not bear any criminal history and is languishing in jail since 3.8.2018.
Learned AGA has opposed prayer for bail. He has submitted that the applicant has been present on the spot on the date of the incident i.e. on 3.8.2018. The applicant, who was in the company of other co-accused, has fraudulently withdrawn Rs. 45,00/- from the ATM card of the first informant by cheating him. The applicant has been identified by the informant at the time of arrest. The identification of the applicant was also done by the informant. He has recognized the applicant also.
After hearing the submission raised by learned counsel for the applicant and the reply by the learned A.G.A. and upon perusal of the various documents annexed with the present bail application and also looking to the seriousness of the allegation made in the FIR and considering the merit,no good ground is made out for bail.
Accordingly, this bail application is rejected.
Order Date :- 31.10.2018 N.A.