NADEEM Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the applicant and the learned A.G.A. for the State of U.P.

(2.) THIS is second bail application moved on behalf of the applicant Nadeem with a prayer that he may be released on bail in case crime no. 1 of 2011 under sections 302/201 I.P.C. P.S. Ahmadgarh district Bulandshahar. The criminal misc. first bail application no. 21338 of 2011 has been rejected by this court on 28.9.2011, after considering the merits of the case.

(3.) IT is submitted by the learned counsel for the applicant that the co -accused Jameel has been released on bail by another bench of this court on 14.7.2014 in criminal misc. bail application no. 15639 of 2014 and the co -accused Mohd. Asrar alias Israr has been released on bail by another bench of this court on 2.4.2011 in criminal misc. bail application no. 34412 of 2011 and the co -accused Guddu alias Nawab has also been released on bail by another bench of this court in criminal misc. bail application no. 10553 of 2013. The applicant and the above named accused persons are not named in the FIR. According to the prosecution version, the applicant was apprehended by the police on 31.1.2011 in his possession, driving licence of the co -accused Jauhar Ali was found. Prior to his arrest, the co -accused Mohd. Asrar alias Israr and Kausar Ali were apprehended by the police in an encounter and from their possession a wrist watch and a ring on which 'Shakeel' was engraved, was recovered, they made confessional statement before the police. The statement of co -accused Guddu alias Nawab reveals that the deceased persons were killed by way of strangulation in a dairy, thereafter, the dead bodies were kept in an Indica Car and the same was put on fire. No belongings of the deceased persons were recovered from the possession of the applicant whereas recovery was made from the possession of the other co -accused persons, who have been released on bail. There is no eye witness account, sessions trial against the applicant and other co -accused persons are pending in which six witnesses have been examined. There is no likelihood of conclusion of the sessions trial in near future. The case of the applicant is based on the similar footing with the case of the above co -accused persons, who have been released on bail by another bench of this court, therefore, the applicant may also be released on bail.