Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28657 of 2018 Applicant :- Abdul Rahoof And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against six accused persons, namely, Gulzar, Usman, Maroof, Ninna, Lukman and Abdul Rauf alleging that on 27.02.2018 four persons, namely, Gulzar, Usman, Maroof and Ninna were arrested by the Police personnel, whereas other managed to escape; 110 Kg. beef and instrument relating to slaughtering were recovered from the spot.
Learned counsel for the applicants submitted that the applicants are innocent and have been falsely implicated in the present case. The role of the applicants is identical to that of the co-accused, namely, Gulzar, Maroof, Usman and Ninna who has been granted bail by this Court on 29.05.2018 & 17.7.2018 in Criminal Misc. Bail Application Nos. 20141 of 2018 & 20475 of 2018, hence they are also entitled to be enlarged on bail on the ground of parity. The applicants are languishing in jail since 6.5.2018 (near about three months); having no criminal history; there is no independent witness against the applicants and in case they are released on bail, they 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 and admitted that the applicants have got no criminal history.
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 applicants Abdul Rahoof and Lukmaan involved in Case Crime No. 29 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Fateypur, District Saharanpur be released on bail on 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 evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 applicants 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