Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18086 of 2019 Applicant :- Chandbabu Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Mohd. Hasham,learned counsel for the applicant, Mr. Durgesh Dubey, learned Additional Government Advocate for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that neither the applicant was apprehended on the spot nor any incriminating articles were recovered from the possession of the applicant. It is argued submitted that a false and fabricated recovery has been shown from the applicant. Learned counsel for the applicant submits that the applicant has no concern with the alleged recovery. There is no public witness of the alleged recovery. It is also submitted by the learned counsel for the applicant that co-accused Iliyas, who has been arreseted on the spot, has been granted bail by co-ordinate Bench of this Court vide order dated 04.04.2019 in Criminal Misc. Bail Application No. 13948 of 2019. It is next submitted that similarly placed co- accused Nafees has been granted bail by this Court vide order dated 24.04.2019 in Criminal Misc. Bail Application No. 16890 of 2019. It is lastly contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 12.03.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Chandbabu, involved in case crime No. 43 of 2019, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act and section 11 Gha, of Prevention of Cruelty to Animal Act, PS Manjhanpur, District Kaushambi, 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 :- 29.4.2019 Sazia