Chhote v. State of U.P.

Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24987 of 2018 Applicant :- Chhote Opposite Party :- State Of U.P. Counsel for Applicant :- Abdul Mazeed Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

According to the prosecution case the F.I.R. was lodged against two accused person namely Rafiq and Chhote alleging that on 24.5.2018, accused Rafiq was arrested by the police with two quintal beef and some instruments for slaughtering and accused Chhote was fled away.

It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. Applicant was not arrested on the spot. The applicant is innocent and have been falsely implicated in the present case. Police has falsely planted for showing his good work. He is languishing in jail since 28.5.2018 (more than one month) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.