Citation : 2016 Latest Caselaw 5815 ALL
Judgement Date : 14 September, 2016
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 46 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31572 of 2016 Applicant :- Rafeeq Bahra Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A. Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that it is a police encounter case. No injury caused to anybody. Nothing has been recovered from the possession of the applicant. Applicant was not arrested on the spot. The applicant has no criminal history. He is languishing in jail since 26.7.2016 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Rafeeq Bahra involved in Case Crime No. 319 of 2016, under Sections 147, 148, 149, 307I.P.C. and Section 3/5 Ka/8 U. P. Prevention of Cow Slaughter Act and Section 11 Animals Cruelty Act, P.S. Tanda, District Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
Order Date :- 14.9.2016
Sachdeva
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