Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40773 of 2018 Applicant :- Babloo And Anr Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Babloo and Banti seeking bail in Case Crime No. 196 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Dadon, District Aligarh.
Learned counsel for the applicants has submitted that FIR has been lodged against five persons including the applicants on 20.08.2018 and one Habib was arrested by the police and from his possession 30 Kg. beef and some instruments of slaughtering animal has been recovered. However, other four accused persons fled away. He has further submitted that no recovery whatsoever has been made from the possession of the applicants and the applicants have no criminal history to their credit.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present case on account of ulterior motive.
He has further submitted that the applicants are in jail since 06.09.2018 and in case, the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact the applicants have not arrested on spot and that they are in jail since 06.09.2018.
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 applicants have made out a case for bail.
Let the applicants Babloo and Banti be released on bail in the aforesaid case crime number on their furnishing personal bonds and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 26.10.2018 Arun Gangwar