Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33675 of 2019 Applicant :- Chhotey @ Mada Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The accused-applicant was not arrested on the spot. Nothing incriminating material have been recovered from the possession of accused-applicant. Co-accused Kifatulla has already been enlarged on bail by this Court vide order dated 19.08.2019 passed in Criminal Misc. Bail Application No. 32533 of 2019, copy of which has been produced for perusal. The applicant has no other criminal history and the applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 20.07.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Chhotey @ Mada be released on bail in Case Crime No. 288 of 2019, under section 3/5/8 of the U.P. Prevention of Cow Slaughter Act 1955, Police Station - Tanda, District- Rampur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date 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.
Accordingly, the instant bail application is allowed. Order Date :- 26.8.2019 Sharad/-