Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44279 of 2018 Applicant :- Wasi Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Govind Saran Hajela Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused-applicant Wasi Khan, who is involved in Case Crime No. 1041 of 2017, under Sections 394, 302, 411 IPC, Police Station - Puranpur, District - Pilibhit.
As per prosecution version, on 17.10.2017 informant Suresh Kumar Rastogi was coming with his brother Mahesh Kumar on motorcycle. On the way three unknown persons looted his brother Mahesh Kumar and fired at him, due to which he has sustained injury and died.
It is contended by learned counsel for the applicant that on the information of applicant, empty bag alleged to have been looted on 17.10.2017 has been recovered. On this basis, applicant has been made accused in this case. There is no other evidence against applicant.
Per contra, learned A.G.A. has opposed the prayer for bail and contended that applicant has criminal history of seventeen cases. Although he has on bail in all the cases. He further admitted that on the basis of recovery of empty bag on pointing and identification by informant Suresh Kumar Rastogi, applicant has been made accused in this case.
No identification parade of the applicant has been conducted before the Magistrate concerned.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Wasi Khan, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the C.J.M./Magistrate, concerned.
Application stands allowed.
Order Date :- 20.12.2018/VG..