Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41884 of 2018 Applicant :- Babu Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R was lodged against two accused persons namely Babu & Smt.Gulsan alleging that on 5.9.2018, 55 kg beef was recovered by the Police personnel from the place of occurrence. Accused Babu & Gulsan fled away.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 18.9.2018 (more than two months); having no criminal history; nothing was recovered on the pointing out the applicant or from possession of the applicant; according to F.I.R. the applicant fled away; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in 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 and admitted that the applicant has no criminal history.
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 opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Babu involved in Case Crime No.497 of 2018, under Section 3/5/8 of U.P. Cow Slaughter Act, P.S.-Ganj, District- Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the 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 :- 31.10.2018 SKD