Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7988 of 2018 Applicant :- Burhaan Opposite Party :- State Of U.P.
Counsel for Applicant :- Sufia Saba,Sayeed Saif Ullah Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 339 of 2017, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station Fatehpur, District Saharanpur, during the pendency of trial.
As per FIR, the prosecution's case is that the beef amounting 70 KG was recovered from the accused-applicant along with three others because on the information of the informant, the police had reached the spot and when they were tried to be arrested, all the accused fled away from there.
Learned counsel for the applicant contends that accused- applicant has been falsely implicated. No recovery of the said quantity of beef has been made from him. The applicant is languishing in jail since 15.1.2018. If he is released on bail, he would not misuse the liberty.
Learned AGA has opposed the prayer of bail and has stated that the accused-applicant was named by the FIR by the informant and this occurrence has taken place in the premises of co- accused Naseem, from where all the four had fled away.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
Looking to the fact that the accused was not arrested on the spot and there is no recovery made from him, taking into consideration the quantum of punishment, nature of offence and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Burhaan involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 28.2.2018 A.P. Pandey