Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24812 of 2019 Applicant :- Guddu @ Langar @ Dilshad Ahamad @ Naushad Opposite Party :- State Of U.P.
Counsel for Applicant :- Pratibha Singh,Ashok Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. Learned counsel for the applicant further submitted that recovery of calves, beef and certain articles shown from the applicant are false and planted. Learned counsel further submitted that applicant was not arrested at the spot and alleging that he had fled away. There is no recovery from him. He next submitted that co- accused Jamiruddin had lodged an FIR as Case Crime No. 123 of 2018 at Police Station Shahganj District- Jaunpur for offence under Sections 379, 411, 384, 195, 196, 166, 120 IPC in which proper investigation was not going on, so Jamiruddin approached to the High Court through Criminal Misc. Writ Petition No. 14119 of 2018 (Jamiruddin Vs. State of U.P. and 7 Others) in which direction was issued to CB CID to investigate the matter and submit a police report before the concerned Magistrate due to which this case has been registered against him. The applicant is languishing in jail since 15.03.2019. He does not have any criminal history to his credit. In case the applicant is released on bail and he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant- Guddu @ Langar @ Dilshad Ahamad @ Naushad involved in case crime No. 207 of 2018, under Section 3/5/8 of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animals Act and 7 Criminal Law Amendment Act, PS Shahganj, district Jaunpur, 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 that :-
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.
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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.6.2019 Sweety