Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30486 of 2018 Applicant :- Rafeeq @ Banne Opposite Party :- State Of U.P.
Counsel for Applicant :- Anil Kumar Shukla,Subhash Chandra Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material placed on the record.
Applicant- Rafeeq @ Banne seeks bail in Case Crime No. 11 of 2018, under Sections 323, 364, 302, 201, 120-B, 34 I.P.C., Police Station- Shahjadnagar, District- Rampur.
It has been argued by the learned counsel for the applicant that the applicant has been falsely implicated in the present case by the first informant. It is submitted that the applicant is not named in the first information report. Thus, the applicant, who is in jail since 15.01.2018, may be enlarged on bail during trial.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant and pointed out that the dead body of the deceased was recovered at the pointing out of applicant. Therefore, the applicant is not entitled to be enlarged on bail.
Considering the facts and circumstances of the case and that the dead body of the deceased was recovered at the pointing out of the applicant, I do not find any ground to consider the prayer for bail of the applicant. The prayer for bail is declined at this stage.
The application for bail is, hereby, rejected without expressing any opinion on the merit of the case.
Order Date :- 30.10.2018 Vikas