Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11653 of 2018 Applicant :- Arif Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Arif seeks bail in Case Crime No. 181 of 2018 under Sections 3/5/8 Prevention of Cow Slaughter Act and Section 3/11 of Animal Cruelty Act, Police Station Kotwali City District Muzaffar Nagar during the pendency of trial.
As per prosecution case, on 9.2.2018 police conducted a raid in the premises of the applicant wherein three persons were busy in cow slaughtering. However, two persons managed to flee away while the applicant was arrested on the spot alongwith one live calf and 90Kg beef.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. It is next contended that no incriminating article has been recovered from the possession of the applicant. The applicant has no criminal history. The applicant is languishing in jail since 9.2.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant and submitted that it is yet to be proved that the recovered meat was of cow or not.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Arif involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.3.2018 Deepika