Court No. - 39 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15738 of 2010 Petitioner :- Asif Respondent :- State Of U.P. Petitioner Counsel :- Ghanshyam Joshi Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Parcha filed by Mr. Zafar Abbas on behalf of the complainant, is
taken on record.
Heard learned counsel for the parties and perused the record.
Learned counsel for the applicant contended that the applicant was
neither named nor there was any direct evidence against the
applicant. Merely on the basis of alleged confession before the
informant, the applicant has been falsely implicated and
supplementary Charge-sheet has been filed. Had there been
involvement of the applicant, the name of the applicant might have
been disclosed by other witnesses, earlier when their statements
recorded by Investigating Officer. There is no criminal history of
the applicant. However the applicant is in jail since 31.3 2010.
Case of the applicant is entirely different from other co-accused.
The aforesaid prayer was opposed by learned A.G.A. and learned
counsel for the complainanat on the ground that it is a case of loot
and rape, hence applicant is not entitled fo bail. r
In this view of the matter, without expressing any opinion on
merits of the case, let the applicant namely, Asif be released on
bail in Case Crime No. 309 of 2009, under Sections147, 148, 149,
452, 302 and 376 I.P.C., P.S. Sambhal, District Moradabad on his
furnishing a personal bond with two sureties each in the like
amount to the satisfaction of the Court concerned.
Order Date :- 23.6.2010
S.A.A.Rizvi