Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39165 of 2018 Applicant :- Aas Mohammad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicants, learned A.G.A and perused the record.
Learned counsel for the applicants submits that as per first information report the police was informed by the informer that some persons are involved in slaughtering of the cows and its progeny on the said information the police reached at the alleged spot and arrested eight person including the applicants and from joint possession of the applicants and other co- accused two quintal beef and some instruments which were used in slaughtering of the cows and six motor cycle were recovered from the spot. It has further been submitted that the recovery has been shown from the open place but there is no independent witness of the alleged recovery. It has further been submitted that the applicants have been arrested from their house. False recovery has been planted against the applicants. It has further been submitted that the applicants have falsely been implicated in the present case only for the purpose of harassment There is no criminal history of the applicants and are in jail since 13.8.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants Aas Mohammad and Sukka involved in Case Crime No. 245 of 2018, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, P.S. Nagal, District Saharanpur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and co-operate with the trial.
3. The applicants will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicants.
Order Date :- 30.10.2018 A.