Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29926 of 2018 Applicant :- Ameer Hasan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh 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 prosecution case the FIR was lodged against 6 accused persons including the applicants, alleging that on 16.06.2018 Ameer Hasan and Akhru was arrested by the police with 50 Kg. beef and rest accused fled away.
It is submitted by learned counsel for the applicants that recovery is false and planted. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicants. Nothing was recovered from the possession of applicants. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 16.06.2018 (more than three months) having no criminal history 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 but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants has 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 Ameer Hasan and Akhru involved in Case Crime No. 173 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Kadar Chawk, District Budaun 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 :- 24.9.2018/VKG