Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24938 of 2019 Applicant :- Babbu Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Babbu seeking bail in Case Crime No. 664 of 2018, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act & Section 3/11 Prevention of Cruelty to Animals Act, Police Station Bilaspur, District Rampur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He further submitted that there is no independent or public witness of the said alleged recovery. Offence is triable by the Magistrate. He further submitted that the co- accused Ashfakul Nabi @ Raju and Laeek have already been enlarged on bail by another Bench of this Court vide its orders dated 27.2.2019 and 28.2.2019 passed in Criminal Misc. Bail Application No. 8699 of 2019 and 8776 of 2019.
Learned counsel for the applicant has next submitted that applicant is in jail since 27.4.2019, having no criminal case and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Babbu be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 20.6.2019 Mini