Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20635 of 2018 Applicant :- Altaf Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He is not named in the F.I.R. nor was involved in this matter. Entire prosecution story is false and concocted. Referring to the ingredients of the offence under section 5/8 Cow Slaughter Act, it is further argued that none of the ingredients of this offence is available in the present matter. Offence under section 411 IPC is also not attracted against the applicant, as the test identification of the articles said to have been recovered on the pointing out of the applicant was also not made. It is further contended that the criminal history of the applicant has been properly explained in the bail application. Applicant is languishing in jail since 28.3.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties and 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 the applicant Altaf involved in Case Crime No. 65 of 2018 under Sections 380, 411 I.P.C. and 5/8 Cow Slaughter Act, P.S. Dilari, District Moradabad be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 30.5.2018 / ss