Compound Bail Application allowed granting bail to applicants Nasima and Abdul Wahid arrested under P.C.S. Act accused of beef acquisition. Applicants to deposit bond and two sureties each.
Released on bail by furnishing a personal bond and two sureties each in the like amount.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27241 of 2018
Applicant :- Smt. Nasima And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Lal Chandra Mishra Counsel for Opposite Party :- G.A.
With
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27385 of 2018
Applicant :- Abdul Wahid Opposite Party :- State Of U.P. Counsel for Applicant :- Lal Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. in bail application no. 27385 of 2018 is taken on record.
Since the above two bail applications arise out from the same crime, hence they have been clubbed together and are being decided by a common order.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against four accused persons namely, Abdul Wahid, Mohd. Nafis, Nasima and Sameer Kuraishi alleging that on 19.5.2018 accused Abdul Wahid, Mohd. Nafis, Nasima were arrested by the police with 40 Kg. beef, some instruments for slaughtering and other materials and accused Sameer Quraishi fled away.
Learned counsel for the appellants submitted that the recovery is false and planted. There is no evidence to connect the applicants with the present matter. There is no independent witness against the applicants. Police has falsely planted to show his good work. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 20.5.2018 (more than three months); having no criminal history and in case they are released on bail, they 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 applicants and admitted that applicant have 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 of applicants-Nafees and Abdul Wahid are hereby allowed.
Let the applicants- Nafees and Abdul Wahid involved in Case Crime No. 97 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Khakhreru, District Fatehpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.8.2018
OP
Smt. Nasima and Another
Abdul Wahid
State Of U.P.
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
