Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46076 of 2017 Applicant :- Amruddin Opposite Party :- State Of U.P. Counsel for Applicant :- Geetam Singh Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Counter affidavit filed today by learned A.G.A. is taken on record. Learned counsel for applicant does not propose to file any rejoinder affidavit.
Heard Shri Geetam Singh, learned counsel for the applicant, Sri Raj Bahadur, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed on behalf of the applicant in Case Crime No. 345 of 2017, under Sections 5/5- A/8 of Uttar Pradesh Prevention of Cow Slaughter Act, Police Station - Amapur, District - Kasganj, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that 50Kg Beef was recovered from joint possession of applicant and co-accused Iglas, the applicant is innocent person and has been falsely implicated in the case, applicant is old person aged about 68 years and is suffering from several old age ailments and deceases, he is having no previous criminal history and in jail since 01.11.2017, in these circumstances, the applicant is entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for grant of bail to the applicant stating that applicant alongwith co-accused Iglas has been arrested on spot alongwith cow slaughtering equipments and 50Kg beef.
Considering the rival submissions of learned counsel for parties, material available on record, ground that applicant is an old aged person suffering from several deseases as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Amruddin be released on bail in Case Crime No.
345 of 2017, under Sections 5/5-A/8 of Uttar Pradesh Prevention of Cow Slaughter Act, Police Station - Amapur, District - Kasganj, on his furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 29.3.2018 A. Verma