SUMIT TYAGI Vs. STATE OF U.P.

JUDGEMENT

(1.) LEARNED counsel for the applicant is permitted to make necessary correction in the bail application. Heard Sri Raj Kumar Kesari, Learned Counsel for the applicant, Sri R.P. Singh, Learned Counsel for the complainant, learned A.G.A. and perused the record.

(2.) IT is submitted by Learned Counsel for the applicant that the applicant is innocent and has been falsely implicated. He further submitted that the allegation against the applicant is that some agreement was entered into between the parties, whereby the applicant was liable to pay certain amount to the complainant but the applicant neither followed the terms and conditions of the said agreement nor paid any money to the complainant. He further submitted that the applicant is carrying on a Real Estate business and has not taken any money from the complainant. He further submitted that the applicant has not committed any offence as alleged by the prosecution and the present prosecution has been launched against him by cooking up absolutely a false and fictitious story and there is no credible evidence to show the complicity of the applicant in the commission of the alleged offence. He further submitted that the applicant has got no criminal history to his credit and there is no chance of her fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 20.10.2011.

(3.) THE bail application has been vehemently opposed by Sri R.P. Singh, Learned Counsel for the complainant.