Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24977 of 2019 Applicant :- Haseeb Opposite Party :- State Of Up Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant and learned A. G. A. for the State.
Applicant has moved the present bail application seeking bail in Case Crime No.227 of 2018, under Sections 3/5A/8 UP Cow Slaughter Act, 1955 and Section 3/11(Ta) Animal Cruelty Act, Police Station-Fatehpur, District- Saharanpur.
I have perused the prosecution story as set up in the F.I.R. and also the bail rejection order.
The contention as raised at the Bar by learned counsel for the applicant is that the accused-applicant has been falsely implicated in the present case due to ulterior motive by showing false recovery. It is further contended that the recovery as shown is totally false and planted. The further contention is that there was no independent witness to the alleged recovery. It is also contended that co-accused Smt. Firdaus and Shabnam have already been enlarged on bail by this Court vide order dated 4.12.2018, passed in Criminal Misc. Bail Application No. 46232 of 2018, copy of which has been annexed as Annexure-2 to the bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the Court. It has also been submitted that the applicant is languishing in jail since 15.4.2019. It has been pointed out that the applicant is not having any criminal history.
Learned AGA has opposed the bail application of the applicant.
After perusing the record in the light of the submissions made at the bar and after taking an overall view of all the facts and circumstances of this case, the nature of evidence, the period of detention already undergone, the unlikelihood of early conclusion of trial and also the absence of any convincing material to indicate the possibility of tampering with the evidence, this Court is of the view that the applicant may be enlarged on bail.
The prayer for bail is granted. The application is allowed.
Let the applicant-Haseeb be released on bail in Case Crime No.227 of 2018, under Sections 3/5A/8 UP Cow Slaughter Act, 1955 and Section 3/11(Ta) Animal Cruelty Act, Police Station- Fatehpur, District- Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of Magistrate/Court concerned, subject to the following conditions:
(i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activity.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 LN Tripathi