Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12724 of 2019 Applicant :- Dilshad Opposite Party :- State Of U.P. Counsel for Applicant :- Vivek Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Vivek Singh, learned counsel for the applicant, S.S. Tiwari, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused-applicant Dilshad, who is involved in Case Crime No. 1669 of 2018, under Sections 3/5/8 Cow Slaughter Act, Police Station - Deoband District-Saharanpur.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It has further submitted that nothing incriminating articles has been recovered from the possession of the applicant and alleged recovery is false, concocted and fabricated. It is also submitted that co-accused of this case Javed has been granted bail by another co-ordinate bench of this Cour vide order dated 12.03.2019 in Crl. Misc. bail application No.10632 of 2019.
During course of the arguments, learned counsel for the applicant has produced a photo copy of the bail application of the co-accused Javed, which is kept on record.
It is also submitted that there is no independent or public witness of the alleged recovery. it is next submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 22.12.2018. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Dilshad be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 26.4.2019 Pr/-