Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16214 of 2019 Applicant :- Chand Miyan Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned AGA for the State.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the case of cow slaughter and alleged firing on the police party not causing any injury. It is next submitted that applicant is in jail since 12.12.2018 and criminal antecedents have been stated in paragraph-6 of the affidavit and in all such cases the applicant has already been released on bail. Co-accused Fareed @ Viriyani, has been enlarged on bail in Criminal Misc. Bail Application No. 15625 of 2019, by another coordinate Bench of this Court. Accused applicant was neither apprehended on spot nor there was any recovery from him. Hence, bail has been prayed for.
Without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let applicant- Chand Miyan, be released on bail in Case Crime No. 326 of 2018, under Section 307 IPC & Sections 3/5/8 Cow Slaughter Act, Police Station- Katra, district- Shahjahanpur, on furnishing a personal bond and two sureties each of the like amount before the court concerned subject to following conditions:-
(i) The applicant will co-operate with the trail and remain present personally on each and every date fixed after release.
(ii) The applicant will not tamper with the prosecution evidence 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 :- 3.6.2019 Kamarjahan