Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11218 of 2018 Applicant :- Abdul Wahab Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajneesh Tripathi 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, F.I.R. was lodged against four accused persons namely, Salman @ Bhoora, Abdul Vahab, Faizan and Satendra @ Lambu alleging that on 23.7.2017 they were arrested by the police with illegal firearms, cartridges, motorcycle and other materials. They also shot fire at police personnels but they escaped themselves.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. It is a case of no injury. Criminal history of three cases has been properly explained. There is no independent witness. He is languishing in jail since 23.7.2017 (more than eight months) and in case he 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 and admitted that criminal history of the applicant 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.
Let applicant Abdul Wahab involved in Case Crime No. 0774 of 2017, under Section 307 IPC, Police Station Civil Lines, District Moradabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 28.3.2018 A. Singh