Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11026 of 2018 Applicant :- Abdul Malik Opposite Party :- State Of U.P.
Counsel for Applicant :- Usha Srivastava,Vinod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No.695 of 2017 under Section 3/5/8 of Cow Slaughter Act, Police Station Thanabhawan, District Shamli, during the pendency of trial.
The contention of the learned counsel for the applicant is that the applicant has been falsely implicated by the Sub- Inspector Sandeep Kumar, who used to purchase the milk from him. Dispute had arisen because of non-payment of the amount on purchase of milk. It is further stated that the cow, which has been found in dead condition, did not belong to the applicant. He had surrendered and had not been arrested from the spot. The applicant is not involved in other criminal case other than the present case. The applicant is absolutely innocent and is languishing in jail since 25th December, 2017. In case the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Abdul Malik involved in aforesaid crime be released on bail 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
(D.K. Singh-I, J.) Order Date :- 27.3.2018 Sushil/-