Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11774 of 2021 Applicant :- Ashutosh Gupta And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and Mr. Vivek Rastogi, learned AGA for the State.
The applicants seek bail in Case Crime No. 518 of 2020, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and 11 of Prevention of Cruelty to Animals Act, Police Station Tariya Sujan, District Kushi Nagar.
It has been contended by learned counsel for the applicants that the applicant no.1 is the owner of the vehicle; the animals belong to the applicant nos. 2 and 3; they have been falsely implicated in the present case due to ulterior motive; nothing was recovered from the possession or property of the applicants; there is no independent witness of the alleged recovery. It has lastly been contended that the applicants are languishing in jail since 25.12.2020 having no other criminal history to their credit and in case they are enlarged on bail, they will not misuse the said liberty.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicants Ashutosh Gupta, Ashwani Gupta and Sandeep Rajbhar, involved in the aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicants shall not tamper with the prosecution evidence;
(ii) the applicants shall not pressurize the prosecution witnesses;
(iii) the applicants shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 5.4.2021 Lbm/-