Sartaj v. State of U.P.

Court No. - 27

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39649 of 2018

Applicant :- Sartaj Opposite Party :- State Of U.P. Counsel for Applicant :- Mazhar Ullah Counsel for Opposite Party :- G.A.

Hon'ble Aniruddha Singh,J.

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

According to prosecution case, FIR was lodged against Rahees and Sartaj alleging that on 5.7.2018 police arrested them with one quintal beef and instruments for slaughtering animal.

It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is languishing in jail since 5.7.2018(more than four months) having no criminal history. There was no independent witness. Recovery was shown falsely by the police to show their good work. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the 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. He admitted that applicant has no criminal history.

Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody, gravity of offence and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.