Court No. - 15
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44381 of 2018 Applicant :- Wasim Opposite Party :- State Of U.P.
Counsel for Applicant :- J.B. Singh Counsel for Opposite Party :- G.A.,Rohit Shukla
Hon'ble Umesh Chandra Tripathi,J.
Heard learned counsel for the applicant, learned A.G.A., and learned counsel for the complainant. Perused the record. In-spite of order passed by this Court on earlier occasion, learned A.G.A., has not filed counter affidavit.
This bail application has been moved by the applicant Wasim who is involved in Case Crime No. 377 of 2018, under Sections 302, 120-B/34 I.P.C., Police Station-Sector-49, Noida, District-Gautam Budh Nagar.
As per prosecution version, on 13.4.2018 at 9:00 PM, Wasim Kabadi, Wakil Kabadi, Bhuri and one unknown person committed murder of Aabir @ Bhura who is brother-in-law (jija) of informant Safiq.
Learned counsel for the applicant contended that applicant is not named in the FIR. Against name accused, investigation is going on. Police has submitted chargesheet against applicant and co- accused Mukim, Moin and Ashu. Mukim is the son of deceased Aabir @ Bhura. Applicant has been made accused in this case, only on the basis of confessional statement of co-accused Mukim before the police which is not admissible in evidence. As alleged, applicant was arrested with co-accused Ashu and from the possession of co-accused Ashu, a country made pistol was recovered. Applicant has no criminal antecedents and he is in jail since 5.5.2018.
Learned A.G.A., as well as learned counsel for the complainant have opposed the prayer for bail. However, admitted this fact that only on the basis of confessional statement of co-accused Mukim before the police, applicant has been made accused in this case.
Considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail. Let the applicant- Wasim, 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 :- 18.12.2018 Jaswant