Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4728 of 2018 Applicant :- Faeem And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the material placed on record.
Applicants-Faeem and Rehan seek bail in Case Crime No. 442 of 2017 under Sections 3/5/8 Cow Slaughter Act Police Station Dilari District Moradabad during the pendency of trial.
As per prosecution case, on 07.12.2017 the police recovered 60 kg beef from the possession of five accused persons. However, six more accused persons present on the spot managed to flee away.
It is submitted by learned counsel for the applicants that applicants are innocent and have been falsely implicated in the present case. It is next contended that the applicants were not arrested on the spot. The name of the applicants came into light only on the confessional statements of other co-accused persons. The applicants are languishing in jail since 05.01.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicants.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicants Faeem and Rehan involved in the aforesaid crime be released on bail on their 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 applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 Sumit S