Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31477 of 2018 Applicant :- Bhoora And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against seven accused persons namely, Abdul Rahman, Islama, Junaid, Danish, Bhoora, Shahid and Subhan alleging that on 10.9.2016 they were arrested by the police recovered ten calf, on ox and three cow.
It is submitted by learned counsel for the applicants that recovery is false and planted. Co-accused namely Junaid, Danish and Abdul Rehman have already been granted bail by co-ordinate Bench of this Court vide order dated 19.4.2018 and 29.5.2018 in Criminal Misc. Bail Application Nos. 214370 of 2018 and 20155 of 2018, since the role of the applicant is not distinguishable with the role of co- accused, therefore, the applicant is also entitled for bail. There is no evidence to connect the applicant with the present matter. Offence under Section 3/5/8 Cow Slaughter Act was not made out against the applicants. There is no independent witness against the applicants. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 21.7.2018 (near about one month) having no criminal history and in case they are released on bail, they 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 applicants and admitted that applicants have 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 applicants Bhoora and Subhan involved in Case Crime No.549 of 2016, under Section 3/5/8 Prevention of Cow Slaughter Act and Section 3/11 Prevention of Animals Cruelty Act, P.S. Civil Lines, 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 subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 20.8.2018 A. Singh