Court No. - 25 Case :- BAIL No. - 2210 of 2010 Petitioner :- Mohammad Aslam Respondent :- State Of U.P. Petitioner Counsel :- U.P. Singh Respondent Counsel :- Govt.Advocate Hon'ble Abdul Mateen,J.
Heard learned counsel for the applicant and learned Additional Government
Advocate.
This is third bail application. The earlier applications for bail moved on
behalf of the applicant were dismissed for non-prosecution.
The applicant is involved in case crime no. 960 of 2007 under Section 4/5 of
the Explosive Substance Act and Sections 16/18/23 of the Unlawful Activities
(Prevention) Act of Police Station Kotwali Sitapur, district Sitpapur.
At the very outset, I feel it appropriate to mention that notice of this bail
applicant was given to the Government Advocate as far back as on
15.02.2010 and in spite of repeated time having been granted to the learned
Government Advocate, no counter affidavit has been filed till date.
As it comes out, the applicant was arrested on 24.06.2007 in connection with
Case Crime Nos. 305 of 2007, 306 of 2007 & 307 of 2007 and he confessed
his involvement in the present case. The applicant is in jail since 24.06.2007.
In all the above mentioned cases, i.e. Case Crime no. 305 of 2007, Case
Crime No. 306 of 2007 and Case Crime No. 307 of 2007, he has been
released on bail by the Courts below on 13th July 2007.
Argument advanced by the learned counsel for the applicant is that the
applicant has falsely been implicated in the present case inasmuch as Aman
alias Naushad and Aftab, who are the main accused of the present case, even
had not named the applicant with respect to his involvement in the present
case and involvement of the applicant in the present case has been based only
on the admission of the applicant recorded at the time of his arrest on
24.06,2007.
I find much force in what has been argued by the learned counsel for the
applicant and find it a fit case for grant of bail.
Let applicant Mohammad Aslam, involved in case crime no. 960 of 2007
under Section 4/5 of the Explosive Substance Act and Sections 16/18/23 of
the Unlawful Activities (Prevention) Act of Police Station Kotwali Sitapur,
district Sitpapur be released on bail on his furnishing a personal bond and two
sureties each in the like amount to the satisfaction of court concerned.
Order Date :- 6.8.2010
anb