Court No. - 61
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39934 of 2018 Applicant :- Haneef Opposite Party :- State Of U.P.
Counsel for Applicant :- Ruhi Yadav,Santosh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Haneef seeks bail in Case Crime No. 424 of 2018, under Sections 307 IPC and 3/5-Ka/8 Prevention of Cow Slaughter Act, P.S. Iglas, District- Aligarh.
Learned counsel for the applicant has submitted that even according to prosecution own case, the applicant has not been arrested on the spot and no recovery whatsoever has been made from his possession or at his pointing out. Learned counsel for the applicant has next submitted that applicant is in jail since 13.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that applicant has not been arrested on the spot and he has no criminal history to his credit.
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 applicant Haneef 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 :- 29.11.2018 KU