Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7101 of 2018 Applicant :- Waseem Opposite Party :- State Of U.P.
Counsel for Applicant :- Shweta Pandey,Punita Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, co-accused Guddu was arrested by the police on the spot with 70 Kg. beef and some instruments for slaughtering. Accused Waseem, Arman (applicant) and Kadir were fled away; 15 to 20 persons who came to rescue them and misbehaved with police.
It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. The name of the applicant was disclosed by co-accused Guddu. Prosecution case is not supported by any independent evidence. Nothing was recovered from the possession of the applicant. The applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 20.10.2017 having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. Co-accused namely Arman has been granted bail by this Court on 6.12.2017 vide Criminal Misc. Bail Application No. 47807 of 2017, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail.
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 applicant and admitted that applicant has no criminal history.
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 applicant Waseem involved in Case Crime No. 311 of 2017, under Section 3/5/8 Prevention of Cow Slaughter Act and Section 332, 353 IPC & 7 Criminal Law Amendment Act, P.S. Didauli, District J.P. Nagar (Amroha) 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 :- 23.2.2018 A. Singh