Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30041 of 2019 Applicant :- Bhoora Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit has been filed today in the Court, which is taken on record.
Heard Sri Mohd. Irfan, learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The applicant-accused was not arrested on the spot. The name of applicant came into light on the confessional statement of co- accused. The alleged recovery from the possession of applicant, is totally false, fabricated and concocted. The applicant has no concerned with the alleged recovery. There is no independent witness of the alleged recovery.There are some cases shown against the applicant and in all cases the applicant is on bail, the bail orders are collectively filed at Annexure No.1 to the supplementary affidavit. Co-accused Sultan, Shadab and Waseem have already been enlarged on bail by this Court vide orders dated 29.3.2019, 6.5.2019 and 9.5.2019 passed in Criminal Misc. Bail Application Nos. 12852 of 2019, 17260 of 2019 and 17059 of 2019, copies of which have been collectively annexed as SA-2. The applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 20.6.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody and 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- Bhoora released on bail in Case Crime No.66 of 2019 under section 3/8 of Uttar Pradesh Prevention of Cow Slaughter Act and 11 Animal Cruelty Act, Police Station- Azeem Nagar, District- Rampur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 22.8.2019 Ashutosh Pandey