Heard learned counsel for the applicants, learned A.G.A. and perused the record.
Learned counsel for the applicants submits that the applicants have been falsely implicated. It is further submitted by learned counsel for the applicants that in the present case co-accused Nafees @ Bhura and Wakeel Ahmad, whose cases stand on the same footing, have been granted bail by this court on 4.11.09 in Criminal Misc. Bail Application No. 29136 of 2009 and has claimed parity. This fact has not been disputed by the learned A.G.A. The applicants are in jail since 13.9.09.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicants have made out a case for bail.
Let the applicants Mustakeem alias Peeru & Waseem Ahmad involved in Case Crime No. 1303 of 2009 under Sections 323, 324, 307, 504 & 506 IPC, P.S. Kotwali Dehat, District Bijnor be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 7.1.2010 vinay