Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12614 of 2021 Applicant :- Baharu Opposite Party :- State of U.P.
Counsel for Applicant :- Vijay Singh Sengar,Ajay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr. Vivek Rastogi, learned AGA for the State.
The applicant seeks bail in Case Crime No. 29 of 2021, under Sections 5Ka/8 of U.P. Prevention of Cow Slaughter Act and 11Ka/11Gha of Prevention of Cruelty to Animals Act, Police Station Bhoganipur, District Ramabai Nagar.
It has been contended by learned counsel for the applicant that the animals belong to the applicant and he has been falsely implicated in the present case due to ulterior motive. It is next contended that co-accused Bahadur, Veerbhan Bahadur and Udha have been granted bail by this Court vide orders dated 17.3.2021 and 18.3.2021 in Cr. Misc. Bail Application Nos. 12533 of 2021, 12564 of 2021, 12543 of 2021 and 12773 of 2021. It has lastly been contended that the applicant is languishing in jail since 28.01.2021 having no other criminal history to his credit and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Baharu, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 5.4.2021 Lbm/-