Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7932 of 2018 Applicant :- Zareena And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kamal Kaushal Upadhyay,Jai Shanker Audichya 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-applicants Zareena and Mubina, who are involved in Case Crime No. 111 of 2017, under Section 304 IPC, Police Station - Vijaigarh, District - Aligarh.
As per prosecution version, applicants - Zareena and Mubina along with co- accused Guddo and Bilal took away Dilshad, brother of informant Shakeel and later on, on 26.08.2017, dead body of Dilshad was recovered from a canal near village Gopalpur.
Learned counsel for the applicants contended that the applicants bear no criminal history. First information report has been lodged against them after one month and ten days of the alleged occurrence. The inordinate delay caused in lodging the F.I.R. has not been explained by the prosecution. F.I.R. has been lodged against the applicants with ulterior motive due to enmity. Moreover, there is no eye witness of the alleged occurrence. The deceased died due to drowning in canal. The applicants have been falsely dragged in in the present case and they are innocent. The applicant are languishing in jail since 06.10.2012.
Per contra, learned A.G.A. has opposed the prayer for bail.
There are only two abrasions and one traumatic swelling on the person of the deceased. F.I.R. has been lodged with unexplained inordinate delay, after inquest report and autopsy.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicants - Zareena and Mubina be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 28.2.2018 I. Batabyal