Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20167 of 2018 Applicant :- Allamehar Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned State, and perused the record.
According to prosecution case, FIR was lodged against Babu Allahmehar, Kaif, Zakir, Aashu, Imran, Shajan and Iliyas alleging that on 8.4.2018 they were arrested by the police. Police recovered 16 quintal beef from Babu Allahmehar, 14 quintal beef from Kaif & Zakir, 13 quintal beef from Aashu & Imran and 13 quintal beaf from Shajan & Iliyas.
It is submitted by learned counsel for the applicant that case of present applicant is identical to co- accused Mohd. Kaif who has already been enlarged on bail by coordinate Bench of this Court vide order dated 21.6.2018 passed in Criminal Misc. Bail Application No. 22798 of 2018 and the applicant is entitled to bail on the ground of parity (Bail order produced is taken on record). He has been falsely implicated in the present case.He is languishing in jail since 8.4.2018 (more than three months) having no criminal history. Fake recovery was planted by police. 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 admitted that the applicant has no criminal history and his case is identical to co- accused Mohd. Kaif, who has been enlarged on bail.
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,Allamehar involved in Case Crime No. 31 of 2018, under Section 3/5A/8 Prevention of Cow Slaughter Act, Police Station Titro, 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 they are accused, or suspected, of the commission of which they are 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 :- 30.7.2018 Sumaira