Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28661 of 2019 Applicant :- Azam Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Saba Khan Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard 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. The name of applicant came into light on the confessional statement of co- accused. The alleged recovery from the possession of applicant, is totally false, fabricated and concocted. The applicant has no concerned with the alleged recovery. There is no independent witness of the alleged recovery. Two cases are mentioned as criminal history of the accused, explanation of those cases has been given in paragraph No.10 of the affidavit. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 28.05.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody and 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- Azam be released on bail in Case Crime No.0443 of 2017 under section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, Police Station-Bhojpur, District- Moradabad 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 :- 21.8.2019 Ashutosh Pandey