Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28567 of 2018 Applicant :- Arman Opposite Party :- State Of U.P. Counsel for Applicant :- Irshad Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against seven accused persons namely, Laik, Javed, Saleem, Arman, Kasim, Fahim and Tauhid alleging that on 15.4.2018, accused Laik, Javed, Saleem, Arman, Kasim were arrested by the police with one quintal beef and some instruments for slaughtering and other accused namely Fahim and Tauheed fled away.
It is submitted by learned counsel for the applicant that recovery is false and planted. Co-accused namely Saleem, Layeek, Javed and Tauheed have already been granted bail by this Court vide order dated 22.6.2018 & 12.7.2018 in Criminal Misc. Bail Application Nos. 22809 of 2018, 22831 of 2018, 22998 of 2018 and 25986 of 2018, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. The applicant is innocent and have been falsely implicated in the present case. Police has falsely planted for showing his good work. He is languishing in jail since 16.4.2018 (more than three and half month) having no criminal history 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant 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 applicant Arman involved in Case Crime No. 210 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act & Section 11-Ka Prevention of Cruelty to Animals Act, P.S. Sambhal, District Sambhal 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 :- 31.7.2018 A. Singh