Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21798 of 2019 Applicant :- Gulab Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Gulab has prayed to release him on bail in Case Crime No. 210 of 2018, u/s 3, 5, 8 of Uttar Pradesh Prevention of Cow Slaughter Act, Section 11 of Animal Cruelty Act and Section 7 of Criminal Law Amendment Act, P.S. Shahganj, District Kanpur Nagar.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number owing to enmity with police, for which he has made a proceeding before this Court. Co-accused Mohd. Ayaj @ Gorakh, in Criminal Misc. Bail Application No. 36389 of 2018 and Smt. Farjana and 5 others in Criminal Misc. Bail Application No. 33083 of 2018, have been enlarged on bail in this very case crime number by co-ordinate Bench of this Court. Bail orders have been filed on record. Accused applicant was neither apprehended on spot nor was there any recovery from him. His name was surfaced on the basis of confessional statement, alleged to be made by co-accused. He is with three criminal antecedents, which has been explained in affidavit filed in support of bail application. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not oppose the fact of grant of bail to co-accused persons as above.
Having heard learned counsels for both side and gone through material placed on record, it is apparent that accused applicant was neither apprehended on spot nor was there any recovery from him. Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Gulab, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 7.6.2019 Kamarjahan