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2021 Supreme(All) 596

NEERAJ TIWARI
Mangal Pasi @ Ajay Kumar Bharti – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dashrath Lal, Dhiraj Srivastava, Pradeep Kumar

JUDGMENT :

1. Heard learned counsel for the applicant and learned A.G.A. for the State.

2. It is submitted by the learned counsel for the applicant that applicant has been falsely implicated in the present case and he has not committed the alleged offence. It is further submitted that one case has been shown against the applicant in the Gang Chart and in the said case, the applicant has been granted bail, copy of the bail order has been annexed in the affidavit filed in support of bail application. It is next submitted that applicant was implicated in three other cases in which he has already been granted bail. It is next submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 07.03.2021, undertakes that he will not misuse the liberty, if granted.

3. Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

4. Considering the material on record as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another, reported in (2018) 3 SCC 22, larger mandate of Article 21 of the constitution of India, without expressing

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