Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7807 of 2018 Applicant :- Sultan Opposite Party :- State Of U.P.
Counsel for Applicant :- Vishwanath Mishra Counsel for Opposite Party :- G.A.,Atul Kumar Shahi
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, and learned A.G.A. for the State.
This bail application has been moved by the accused-applicant Sultan who is involved in Case Crime No. 417/2017, under Sections 147, 148, 149, 323, 504, 325, 506, 352, 302 and 307 I.P.C., Section 7 Criminal Law Amendment Act, and Section 4/25 Arms Act, Police Station Pipraich, District Gorakhpur.
As per prosecution version, on 23.10.2017 at about 10:30 p.m., on exhortation of co-accused Nizamuddin, co-accused Arif @ Raja stabbed knife in the abdomen of deceased Vinay Kumar Yadav, while the applicant and other co-accused assaulted him with iron rod and iron pipe.
It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. The role of applicant is similar to that of co-accused Sahabuddin @ Hasimuddin @ Sanni, Tabrez and Meraj who have been granted bail by this Court vide order dated 15.02.2018 passed in Criminal Misc. Bail Application No. 3370 of 2018 and vide order dated 26.2.2018 passed in Criminal Misc. Bail Application No. 3257 of 2018 respectively. Applicant is in custody since 27.10.2017.
Learned A.G.A. has opposed the prayer for bail and admitted this fact that the role of applicant is similar to that of co-accused Sahabuddin @ Hasimuddin @ Sanni and Tabrez and Meraj.
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant Sultan be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the Magistrate concerned.
Accordingly bail application is allowed. Order Date :- 28.2.2018 Jaswant