Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32375 of 2018 Applicant :- Chhote Bhai And 2others Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by the learned A.G.A. is taken on record.
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 nine accused persons, namely Chhote Bhai, Mohd. Asif, Subani, Anni, Rohit, Subhan, Babli, Iqram Babu and Danish alleging that on 22.6.2018 they were arrested by the Police personnel nine animals and five quintal in open place beef were recovered.
Learned counsel for the applicants submitted that the applicants are languishing in jail since 22.6.2018 (more than four months); having no criminal history; there is no independent witness; the applicants are innocent and have been falsely implicated in the present case' recovery was shown in open place by the Police to show his good work only 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 the 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 Chhote Bhai, Mohammad Asif and Subbani involved in Case Crime No. 614 of 2018, under Section 3/5K/8 of U.P. Cow Slaughter Act and Section 11 Animals Cruelty Act, P.S.-Izzat Nagar, District- Bareilly be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The appellants will not tamper with the evidence during the trial.
2. The appellants will not pressurize/ intimidate the prosecution witness.
3. The appellants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellants 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 :- 29.10.2018 OP