PRADEEP KUMAR PATEL Vs. STATE OF U.P.
LAWS(ALL)-2022-2-71
HIGH COURT OF ALLAHABAD
Decided on February 15,2022

Pradeep Kumar Patel Appellant
VERSUS
STATE OF U.P. Respondents

JUDGEMENT

Raj Beer Singh, J. - (1.)Heard learned counsel for the applicant, learned AGA for the State and perused the record.
(2.)It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. As per prosecution version, applicant and co-accused Ajit Vishwakarma and Prakash have got withdrawn Rs.10,000.00 by the deceased from his account and thereafter, they have consumed liquor and when deceased lost his consciousness, applicant and co-accused persons committed theft of the remaining amount of deceased and later on, deceased has died due to excessive intake of liquor. Learned counsel submitted that allegations made against applicant are thoroughly false and that in post-mortem report of deceased, no injury has been shown on the body of deceased and cause of death could not be ascertained and thus, viscera was preserved but viscera report is yet to be received. It was further submitted that applicant has no motive at all to cause death of deceased or to cause any harm to him and in fact deceased himself has consumed liquor and he died due to excessive intake of liquor. It has been further submitted that similarly placed co-accused persons, namely Ajit Vishwakarma and Prakash have already been enlarged on bail by co-ordinate Benches of this Court, the copies of which, are available on record. It has been submitted that the applicant is languishing in jail since 9/7/2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
(3.)Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Ajit Vishwakarma and Prakash have already been granted bail by this Court.


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