Kaushal v. State of U.P.

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27122 of 2019 Applicant :- Kaushal Opposite Party :- State Of U.P. Counsel for Applicant :- Kuldeep Kumar Counsel for Opposite Party :- G.A.

Hon'ble Krishna Pratap Singh,J.

This bail application has been preferred by the accused-applicant-Kaushal, who is involved in Case Crime No.280 of 2019, under Sections 147, 332, 353 IPC and 3/5/8 Cow Slaughter Act and 7 Criminal Law Amendment Act, Police Station-Kotwali Nagar, District-Bulandshahr.

Heard Sri Kuldeep Kumar, learned counsel for the applicant, Sri Santosh Kumar Upadhyay, learned A.G.A. for the State and perused the record.

Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It has further submitted that neither applicant was apprehended on the spot, nor any incriminating articles were recovered from him. It has next submitted that he is not named in the F.I.R and his name has been surfaced in the statement of Rafeeq and Imran. It has next submitted that there is no independent or public witness of the alleged recovery. It is next submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It has also submitted that applicant has no criminal history in his credit. It has lastly been submitted that co-accused of the applicant, namely Imarana has already been enlarged on bail vide order dated 09.05.2019 by the another Co-ordinate Bench of this Court in Criminal Misc. Bail Application No.19509 of 2019, therefore, applicant is also entitled to be released on bail. The applicant is languishing in jail since 01.04.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.