Court No. - 21
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41358 of 2018 Applicant :- Mursleen Opposite Party :- State Of U.P.
Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Mursleen, who is involved in Case Crime No. 871 of 2017, under Sections 364, 302, 201, 120-B, 34 I.P.C. P.S.- Loni Border, District- Ghaziabad.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is not named in the first information report. His name came into light in the statement of co-accused Zan Mohd. alias Janu Pradhan. He further submitted that the confessional statement of the accused recorded before the police has no legal sanctity in the eyes of law. It is also submitted that co-accused Murtaza alias Ayya having similar allegation has already been granted bail by this Court vide order dated 11.10.2018 passed in Criminal Misc. Bail Application No. 39033 of 2018. The applicant is in jail since 6.5.2018 having no criminal history, therefore, he deserves to be enlarged on bail.
Per contra learned Additional Government Advocate appearing on behalf of the State-respondent has vehemently opposed the contentions raised on behalf of the applicant and submitted that the case of the co-accused, who has been granted bail by the coordinate Bench of this Court is distinguishable from the present applicant. He further submitted that the skeleton of the deceased was recovered on the pointing of the applicant and other co-accused, therefore,the applicant does not deserve to be released on bail.
The dead body of the deceased was recovered on the pointing out of the applicant, therefore, the case of the present applicant is distinguishable from other co-accused Murtaza alias Ayya, I do not find any good ground for grant of bail to the applicant.
Accordingly, the bail application of the applicant is hereby rejected.
Order Date :- 29.10.2018 Prajapati [Chandra Dhari Singh, J]