Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46720 of 2017 Applicant :- Rashid And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Chandra Shekhar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against three accused person namely Rasheed, Fajil and Wajid. They were arrested by the police 25 Kg. beef and some instruments for slaughtering.
It is submitted by learned counsel for the applicants that recovery is false and planted. There is no evidence to connect the applicants with the present matter. Prosecution case is not supported by any independent evidence. Applicants have no criminal history. Nothing was recovered from the possession of the applicants. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 10.8.2017 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in 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 applicants.
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 the applicants Rashid and Wazid involved in Case Crime No. 200 of 2017, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Mirzapur, District Saharanpur 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 :- 29.11.2017 A. Singh