Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34216 of 2018 Applicant :- Faredeen Opposite Party :- State Of U.P.
Counsel for Applicant :- Arvind Prabodh Dubey,Naushad Alam Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of the State and rejoinder affidavit filed on behalf of the applicant be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According to the prosecution case, on the information of the informer the applicant was arrested by the police on 10.7.2018 at 1.30 p.m. 50 kg beef along with some pieces of skin was recovered from the possession of the applicant and 20 kg. beef was recovered from the possession of the co- accused Arshad @ Kaliya. The two other co-accused fled away from the spot. The submission of the learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. There is no independent witness of the alleged recovery. False recovery has been shown from the possession of the applicant. It has been further submitted that no weapon has been recovered from the possession of the applicant. The co-accused Saghir who is said to have been skipped away from the spot has already been released on bail by another bench of this court vide order dated 14.9.2018 in Cr. Misc. Bail Application No. 34687 of 2018. There is no criminal history of the applicant and he is an old man aged about 62 years. The applicant is in jail since 10.7.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Faredeen involved in Case Crime No. 170 of 2018, under Section 3/5/8 Cow Slaughter Act, Police Station Baniather District Sambhal 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.10.2018/Gss