Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20264 of 2018 Applicant :- Ali Hasan Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey,Ravindra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today is taken on record.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, on 13.8.2018 police arrested four accused namely Ali Hasan, Shehban, Ahsan and Iqbal and recovered two quintal beef and instrument for slaughtering from them.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case. He is languishing in jail since 14.4.2018(more than four months) having no criminal history. Recovery shown was planted by the police to show their good work. There was no independent witness. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant. He submitted that there is no criminal history against the applicant.
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 view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Ali Hasan involved in Case Crime No.336 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Deoband, 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 subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 :- 23.8.2018 P.P.