Court No. - 74
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19544 of 2019 Applicant :- Abdul Salam Opposite Party :- State Of U.P.
Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicant, Sri Om Narain Tripathi, learned A.G.A.-I assisted by Sri Bhanu Prakash Singh, Brief Holder for the State and perused the material available on record.
This is the second bail application moved by the applicant with a prayer to release the applicant on bail in Case Crime No. 1087 of 2018, under Sections - 420, 465, 468 I.P.C., Police Station - Nai Mandi, District -Muzaffar Nagar. The first bail application was rejected by this court on 18.1.2019.
As a measure of fresh ground, it has been urged that the applicant has already suffered ten months of detention since 27.11.2018 and in the meanwhile, one of co-accused of this case- Nazakat Beg has been admitted to bail by co- ordinate Bench of this Court vide order dated 24.4.2019 passed in Criminal Misc. Bail Application No.17326 of 2019 (Nazakat Beg vs. State of U.P.). In case the applicant is admitted to bail, there is no possibility of his absconding or misusing the liberty of bail. The applicant has no previous criminal history and is languishing in jail since 27.11.2018.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant and submitted that merely because of detention of the applicant and in the meanwhile, grant of bail to co-accused is not fresh ground for bail.
After having heard the learned counsel for the applicant, the reply given by the learned A.G.A. and after perusing the record, no new good ground is made out for bail.
Consequently, the instant second bail application is rejected at this stage.
It is made clear that observation made in this order shall have no bearing on the merits of the case.
Order Date :- 27.9.2019 S Rawat