Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28075 of 2018 Applicant :- Boby Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for applicant and learned A.G.A. and perused the record.
According to prosecution case, FIR was lodged against unknown persons alleging that on 14.02.2018 police had recovered mouth of ox and instrument relating to slaughtering from the spot of incident but all accused persons fled away. During investigation name of this accused was surfaced.
It is submitted by the learned counsel for the applicant that the applicant was not named in the F.I.R. and not arrested on the spot. Co-accused namely Farookh has already been granted bail by this Court vide order dated 5.7.2018 in Criminal Misc. Bail Application No. 24872 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. No recovery was made from the possession of this accused. He is innocent and has been falsely implicated. Police has falsely planted for showing his good work. There is no independent witness. He is languishing in jail since 13.6.2018 (more than one month) criminal history has been properly explained 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 and admitted that criminal history has been explained.
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, Boby involved in Case Crime No.66 of 2018, under section 3/5/8 Prevention of Cow Slaughter Act, Police Station Sahaswan, District Budaun, be released on bail on furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
(iv) 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.
(v) 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 :- 27.7.2018 A. Singh