MOHD. ASIF Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD Learned Counsel for the applicants, learned A.G.A. and perused the record. It is submitted by Learned Counsel for the applicants that the applicants are innocent and have been falsely implicated in the case. He further submitted that, in fact, no recovery of any thing, as alleged by the prosecution has been made either from the possession of the applicants or at their pointing out and the allegation of the alleged recovery has been made just to make out a case against the applicants for the purpose of harassment. He further submits that there is no independent witness of the alleged recovery. He further submits that neither the applicants have committed any such offence as alleged by the prosecution nor there is any credible evidence regarding their complicity in the alleged offence and have been falsely implicated just to harass, victimise and exert undue pressure on them. He further submits that the provisions of Gangster's Act were invoked merely on the basis of a solitary case. He further submits that the applicants have got no criminal history to their credit and there are no chances of their fleeing away from the judicial process or tampering with the prosecution evidence, and are in jail since 10.8.2011.

(2.) KEEPING in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the Learned Counsel for the parties, I am of the view that the applicants have made out a case for bail. Let the applicants No. 1 and 2 Mohd. Ashif and Mohd. Ashif involved in Case Crime No. 683 of 2011 under Sections 60/72 Excise Act, 419,420 I.P.C. and 2/3 Gangster Act, P.S. Vrindawan, District Mathura be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions: