Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33482 of 2019 Applicant :- Asgar Quraishi Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Mohd. Irfan, learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The applicant-accused was not arrested on the spot nor any recovery has been made from the possession of the applicant. The alleged recovery has been planted against the applicant is a false and fabricated and there is no public witness of the alleged recovery. The criminal history of one case of the applicant has been explained in paragraph No.10 to the affidavit. There is no independent witness of the alleged recovery. Applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 27.07.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, this Court is of the opinion that it is a fit case for bail. Hence the bail application is hereby allowed.
Let the applicant- Asgar Quraishi be released on bail in Case Crime No.183 of 2019 under section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, P.S. Azeem Nagar, District- Rampur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Rahul.