Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18203 of 2018 Applicant :- Smt. Firoza Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State 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. She has not committed the present offence. Recovery is false and planted. There is no independent witness of the said recovery. Referring to the contents of the F.I.R., it is further argued that the applicant was present in her house. Persons said to be indulged in slaughtering had fled away from the place of occurrence before reaching of the police. Therefore, the applicant has been falsely implicated in this case. Criminal cases shown as criminal history of the applicant were planted at the time of arrest of the applicant in this matter and she has been enlarged on bail in those cases. It is further submitted that the applicant is languishing in jail since 5.4.2018 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Smt. Firoza involved in Case Crime No. 145 of 2018 under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Kithore, District - Meerut be released on bail on furnishing a personal bond and two heavy sureties (not less than rupees one lac) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 29.5.2018 ss