Athar v. State of U.P.

Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37240 of 2018 Applicant :- Athar Opposite Party :- State Of U.P. Counsel for Applicant :- Ram Kumar Dubey 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, F.I.R. was lodged against five accused persons namely, Jahir, Noor, Vafa, Athar and Mauni alleging that on 3.6.2018, accused Jahir and Noor were arrested by the police and recovered two quintal beef and some instruments for slaughtering and other accused persons 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. Applicant was not arrested on the spot. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 31.8.2018 (near about one month) criminal history of one case has been properly explained 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 criminal history has been explained.

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.