Court No. - 51

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33055 of

2018

Applicant :- Shahnawaz @ Chhotu

Opposite Party :- State Of U.P.

Counsel for Applicant :- Mohd. Shoeb Khan

Counsel for Opposite Party :- G.A.

Hon'ble Vipin Sinha,J.

Heard learned counsel for the applicant and learned AGA for the

State.

Applicant has moved the present second bail application seeking bail

in Case Crime No. 680 of 2015 ST No.51 of 2017, under sections

302, 201,120B,34 IPC PS Kotwali Padrauna District Kushinagar.

The first bail application was rejected by this Court vide order dated

4.4.2017.

The second bail application is being pressed on the ground that

subsequent to rejection of the first bail application, the first

informant Hafeez has been examined as PW-1and in his cross-

examination he has clearly stated that "maine thane me di gayi

darkhast me logo ke kahne par likha diya tha". He further says that

"yah kahna sahi hai ki Shahnawaz ke viruddh maine jo bhi bayan

diya hai wah suni sunayi baton ke aadhar par diya ha, mere shapath

patra me bhi Shahnawaz ke viruddh jo baten ankit hai wah suni

sunayi baton ke aadhar par ankit ki gayi hai". Further contention is

that applicant is in jail since 29.1.2016 with no criminal history and

in case he is released on bail, he will not misuse the said liberty.

Learned AGA has opposed the bail application of the applicant.

In view of the aforesaid facts and circumstances and in view of the

subsequent development, without expressing any opinion on the

merits of the case, at this stage, prima facie, a case for bail has been

made out. However, the said prima facie view of this Court will not

in any manner adversely affect the case of the prosecution.

The prayer for bail is granted. The application is allowed.

Let the applicant Shahnawaz @ Chhotu involved in the aforesaid

case crime number be released on bail on his executing a personal

bond and furnishing two sureties each in the like amount to the

satisfaction of the court concerned.

Order Date :- 15.2.2019

SP