Wasim v. State of U.P.

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38383 of 2018

Applicant :- Wasim Opposite Party :- State Of U.P. Counsel for Applicant :- Gajendra Singh 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 four accused persons, namely Rahees Ahmad, Mohd. Tahrir, Lal @ Sahnawaj and Wasim alleging that on 8.11.2013 from truck no. U.P. 27C 5928 15 quintal beef was recovered and Rahees was the driver of the truck and Mohd. Tahrir was the cleaner. Two accused persons, namely Lal @ Sahnawaj and Wasim fled away.

Learned counsel for the applicant submitted that the applicant is languishing in jail since 19.8.2018 ( more than two and half months); having no criminal history; nothing was recovered on the pointing out the applicant or from possession of the applicant; the applicant has no concern with the beef or truck; the name of this applicant was disclosed by the co-accused in his confessional statement before the Police personnel; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case 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 the applicant has no criminal history.