Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18274 of 2019 Applicant :- Danish Opposite Party :- State Of U.P.
Counsel for Applicant :- Gajendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Gajendra Singh, learned counsel for the applicant as well as Mr. Z.K. Hasan, learned AGA 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 the applicant is the sole bread-earner of his family and had gone to Delhi to earn his livelihood, he could not appear before the court below, and consequently, non-bailable warrant has been issued against him and he was arrested and presently he is in jail since 28.02.2019. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. He is not a previous convict. Learned counsel for the applicant undertakes that if the applicant is released on bail, he shall attend the court regularly and cooperate with the trial and will not misuse the liberty of bail in any manner.
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 Danish, involved in case crime No. 1005 of 2014 (Sessions Trial No. 14 of 2015), under section 3/5/8 of U.P. Prevention of Cow Slaughter Act and section 11 Prevention of Cruelty to Animal Act and section 3/5 Prevention of Damage to Public Property Act, PS Dataganj, District Budaun, 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 :- 30.4.2019 Sazia