Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41103 of 2018 Applicant :- Hakim @ Hakmeen Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Hakim @ Hakmeen bail in Case Crime No.514 of 2018, under Section 3/5/8 Cow Slaughter Act, P.S. Gajraula, District- Amroha.
According to the prosecution case as alleged in the FIR, the first information report was lodged against as many as seven persons including the applicant on 13.08.2018. The applicant along with Yusuf and Mehfuz are alleged, to have been arrested on spot whereas the four other persons fled away. Recovery of 150 Kg of beef and some instruments of slaughtering is shown to be made.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive and there is no independent witness to corroborate the recovery.
Learned counsel for the applicant has further submitted that the applicant is in jail since 13.08.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means and he has no criminal history to his credit. Lastly, it is submitted that there is no chance of applicant fleeing away from the judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Hakim @ Hakmeen be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018/cks