Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16212 of 2019 Applicant :- Dharmdaiy Opposite Party :- State of U.P.
Counsel for Applicant :- Prakash Sharma,Bibhuti Narayan Singh,Chandra Prakash Misra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case due to some ulterior motive. He further submitted that the only role assigned to the applicant is of exhortation and the applicant is not a driver or owner of the alleged vehicle or animal as such no offence under Section 307 IPC and Section 3/5/8 Cow Slaughter Act & Section 11 of the Animal Cruelty Act is made out against the applicant. It is also submitted that nothing incriminating has been recovered from the possession of the applicant and the co-accused namely, Niyamat Ali and Ratul have already been released on bail by the another Bench of this Court vide orders dated 12.9.2019 passed in Crl. Misc. Bail Application Nos. 30552 of 2019 and 30573 of 2019, respectively. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, applicant has no previous criminal history and he is in jail since 3.2.2019.
Learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant, namely, Dharmdaiy involved in Case Crime No. 41 of 2019, under Sections 307 IPC and Section 3/5A/8 Cow Slaughter Act and Section 11 of Animal Cruelty Act, Police Station Patherwa, District Kushinagar, 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;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurize/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 28.11.2019 Ankita