Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29427 of 2019 Applicant :- Abu Talha Opposite Party :- State Of U.P.
Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Janardan Yadav, learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The applicant-accused was not arrested on the spot nor any recovery has been made from the possession of the applicant or his pointing out. The alleged recovery has been planted against the applicant is a false and fabricated and there is no public witness of the alleged recovery. Co-accused-Abdul Raheem who is involved in the same case crime number has already been enlarged on bail. The applicant has no criminal antecedent except the present one and he undertakes that he will not misuse the liberty of bail. The applicant is in custody since 11.06.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a case for bail. Hence the bail application is allowed.
Let the applicant- Abu Talha be released on bail in Case Crime No.95 of 2019 under section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act 1955, P.S. Raunapar, District-Azamgarh on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.8.2019 Rahul.