Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48752 of 2018 Applicant :- Ahsan And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Manish Joshi Counsel for Opposite Party :- G.A
Hon'ble Arvind Kumar Mishra-I,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State of U.P and perused the material available on record.
Contention raised on behalf of the applicants has been confined to the extent that the applicants are innocent and have been falsely implicated in this case. There is no public independent witness to the alleged incident. The applicants have no role to play in the commission of the offence. No offence has been committed by the applicants. There is no credible evidence appearing against the applicants to connect them with the alleged offence. The applicants do not bear any criminal history and are languishing in jail since 30.10.2018.
Learned A.G.A. has opposed prayer for bail. However, learned A.G.A. has not disputed the aforesaid facts.
Without expressing any opinion on merits of the case but considering the facts and circumstances of the case, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tampering with witness or apprehension of threat to the complainant and prima facie satisfaction of the Court in support of the charge, the applicants are entitled to be released on bail. Accordingly, bail application is allowed.
Let the applicants Ahsan and Shaan Ali involved in Case Crime No.623 of 2018, under Sections 3/5/8 Cow Slaughter Act, 420, 467, 468, 471 I.P.C., Police Station Mundha Pandey, District Moradabad be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 19.12.2018 rkg