Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 53119 of 2019 Applicant :- Abdul Kareem Opposite Party :- State of U.P.
Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 532 of 2019, under Section 3/5/8 Cow Slaughter Act, 1955, Police Station Tanda, District Rampur, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. Alleged recovery is false and fake. Applicant is in jail since 04.11.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Alleged offence is triable by Magistrate.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant- Abdul Kareem be released on bail in the aforesaid case crime 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:-
i. The applicant shall not tamper with the prosecution evidence.
ii. The applicant shall not threaten or harass the prosecution witnesses.
iii. The applicant shall appear on the date fixed by the trial Court.
iv. The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspect of the commission.
v. The applicant shall not directly or indirectly make any inducement, thereat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 29.11.2019 A.Kr.*