Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28747 of 2018 Applicant :- Aarif Opposite Party :- State Of U.P. Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against four accused person namely Anis Khan, Lachhiya, Alidab and Safiq Mohammad @ Guddu alleging that on 20.4.2018 they were arrested by the police with two quintal beef and a slaughtered calf, some instruments for slaughtering. During investigation, it was found that Tasleem, Aarif, Taufiq, Bade @ Lala and Saddiq were also indulged in this crime.
It is submitted by learned counsel for the applicant that recovery is false and planted. Co-accused namely Alidab, Shafiq Muhammad @ Guddu and Anis Khan have already been granted bail by this Court vide order dated 2.7.2018, 21.6.2018 3.7.2018 in Criminal Misc. Bail Application Nos. 24291 of 2018, 22806 of 2018 and 24423 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. Applicant was not named in the F.I.R. and not arrested on the spot. The name of the applicant was disclosed by co-accused. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 21.6.2018 (more than one month) criminal history has been properly explained 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that criminal history has been explained.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Aarif involved in Case Crime No. 190 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Bisalpur, District Pilibhit be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.7.2018 A. Singh