In this bail application, the court observed that the applicant was falsely implicated based solely on a co-accused's confession with no evidence recovered. Finding the existing record sufficient without considering case merits, the court held it a fit case to grant bail upon sureties.
Release of applicant on a personal bond and two sureties each.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 2455 of 2018
Applicant :- Naseem Opposite Party :- State Of U.P. Counsel for Applicant :- R.P. Tiwari Counsel for Opposite Party :- Government Advocate
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
As per prosecution version, on 26.10.2017 at about 5:00 P.M. coaccused Shan Mohammad @ Dhasu was arrested by police and applicant absconded from the spot.
Learned counsel for the applicant contended that the applicant has been falsely implicated in the present case. The applicant has been made accused in this case only on the basis of confessional statement of co-accused Shan Mohammad @ Dhasu before police. Nothing incriminating has been recovered from the possession of applicant. Another co-accused Nanhe has been granted bail by this Court vide order dated 18.01.2018 passed in Criminal Misc. Bail Application No. 1985/2018, copy of which produced for perusal. The applicant has no criminal history. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 06.12.2017.
Learned A.G.A. vehemently opposed the prayer of bail.
Upon hearing learned counsel for the parties, perusal of record and considering the complicity of accused, severity of punishment, grant of bail to co-accused as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant Naseem be released on bail in Case Crime No. 319/2017, under Section 3/5A/8 of U.P. Cow Slaughter Act and Section 11 Animals Cruelty Act, Police Station Bhuta, District Bareilly on furnishing a personal bond and two sureties each in the like amount to the satisfaction of court concerned,
Order Date :- 24.1.2018 Sharad/-
1 issue framed by the court
Whether the applicant is a fit person to be released on bail considering the complicity and severity of punishment.
2 provisions across 2 enactments
Naseem
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
