Zakir Behana vs State Of U.P.
2012 Latest Caselaw 4519 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- BAIL No. - 4625 of 2012
 

 
Petitioner :- Zakir Behana
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Abdul Muquet Faridi
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Shabihul Hasnain,J.

Heard Sri A.M. Faridi learned counsel for the applicant and learned Additional Government Advocate for the State. Perused the F.I.R. and other relevant papers filed in support of the bail application.

F.I.R. has been lodged against the accused-applicant in Case Crime No. 692 of 2011, under Sections  363, 366, 376  I.P.C. and 3(1) XII & 3(2)(5) SC/ST Act, Police Station Ram Gaon, District Bahraich.

Counsel for the applicant has argued that accused - applicant was not named in the F.I.R. nor his name has come in the statement under Section 161 Cr.P.C. His name occurs under Section 164 Cr.P.C. There is contradiction in the statements. Co-accused Ibrahim, Guljar and Shafiq have been granted bail.

At this stage prima-facie case is set out in favour of the applicant.

Learned AGA has however, opposed the bail.

Considering the facts and circumstance and without expressing any opinion on merits of the case, I direct that the applicant be released on bail in Case Crime No. 692 of 2011, under Sections  363, 366, 376  I.P.C. and 3(1) XII & 3(2)(5) SC/ST Act, Police Station Ram Gaon, District Bahraich, on his filing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned/remand Magistrate.

Order Date :- 26.9.2012

Om.