Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30720 of 2019 Applicant :- Gulshan Jaha Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 180 of 2019, under Section 3/5ka/8 of Cow Slaughter Act, Police Station Meerapur, District- Muzaffarnagar with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that applicant has been falsely implicated in the present case and that there is no independent witness of the alleged incident. It was stated that applicant was not involved in any slaughtering nor she has purchased any beef. The arrest of co-accused Sajid has been stayed by this Court till submission of police report under Section 173(2) Cr.P.C. vide order dated 28.06.2019 in Criminal Misc. Writ Petition No. 17892 of 2019. It has been further submitted that applicant is languishing in jail since 16.06.2019 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Gulshan Jaha involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 T.S.