Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13872 of 2018 Applicant :- Haneef Opposite Party :- State Of U.P.
Counsel for Applicant :- Anand Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
Submission of the learned counsel for the applicant is that offence under Section 429 I.P.C., Sections 3/5- A/8 of the U.P. Cow Slaughter and Prevention Act, 1955 and Section 11 of the Animal Cruelty Act are not attracted in the present case against the applicant. The applicant was the driver of the vehicle in question and he was only carrying bullocks. It is further contended that the transportation of the bullocks within the territory of the State of U.P. is not punishable. It is further submitted that the applicant is innocent and has falsely been implicated in the present case. The applicant has no criminal history. The applicant is in jail since 19.01.2018.
On the other hand, learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Cow Slaughter Act, 1955, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Haneef involved in Case Crime No. 20 of 2018, under Section 429 IPC, Sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Animal Cruelty Act, P.S. Lanka, District Varanasi be released on bail on furnishing a personal bond and heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 25.4.2018 VR