Court No. - 17
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11094 of 2018 Applicant :- Chhote Opposite Party :- State Of U.P.
Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
This bail application has been moved seeking bail in Case Crime No. 486 of 2017 under Sections 3/5/8 of the Cow Slaughter Act and also under Sections 268, 269 and 270 of the Indian Penal Code, Police Station Sahawar, District Kasganj, during the pendency of trial.
The contention of the learned counsel for the applicant is that the total quantity of meat of cow, which is alleged to have been recovered from the possession of five persons out of which applicant is one of them, is only 60 kilogram. It is stated that five main accused who had not been arrested on the spot had run away. The applicant is not involved in other criminal case other than the present case. The applicant is absolutely innocent and is languishing in jail since 28th December, 2017. In case the applicant is released on bail he will not misuse the liberty of bail. Learned counsel for the applicant has also placed reliance upon the bail order granted to the co-accused dated 19th March, 2018 passed in Criminal Misc. Bail Application No. 6672 of 2018 (Tosif versus State of U.P.).
Per contra learned A.G.A. opposed the bail prayer of the applicant but has not controverted the aforesaid facts.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
In the light of the aforesaid arguments, looking to the fact of the case and taking into consideration the nature of offence, quantum of punishment, and period of detention in jail, without expressing any opinion on the merits of the case, it is found to be a fit case for bail.
Let the applicant Chhote 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.
(D.K. Singh-I, J.) Order Date :- 27.3.2018 Sushil/-