Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32872 of 2018 Applicant :- Bablu @ Istkar Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant and learned AGA for the State, and perused the record.
According to prosecution case, on 24.1.2018 police recovered three cows, 68 kg. beef, instruments for slaughtering animal and one platina motorcycle of black colour bearing no. UP 25 AJ 3614. from the house of accused Yaseen @ Guddu and all accused fled away. Police registered case against Yaseen, Babloo, Saleem, Riaz Ahmad, Faheem and Balley.
It is submitted by learned counsel for the applicant that accused Faeem and Yaseen @ Balley have already been enlarged on bail by coordinate bench of this Court vide order dated 7.9.2018 passed in Criminal Misc. Bail Application No. 29733 of 2018 and accused Yaseen @ Guddu @ Yameen has already been enlarged on bail by coordinate bench of this Court vide order dated 7.9.2018 passed in Criminal Misc. Bail Application No. 29920 of 2018. The applicant has been falsely implicated in the present case. He is languishing in jail since 23.5.2018(about four months) having no criminal history. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let applicant Bablu @ Istkar involved in Case Crime No.12 of 2018, under Section 3/5/5-A/8 of Cow Slaughter Act, Section 11 Animal Cruelty Act, Police Station Amariya, District Pilibhit be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 17.9.2018 P.P.