Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18538 of 2018 Applicant :- Haseen Opposite Party :- State Of U.P. Counsel for Applicant :- Shujauddin Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against seven accused persons, namely, Shareef, Haseen, Babu, Nanhe, Barish, Chagga @ Julfikar and Intezar @ Timma alleging that on 7.4.2018 co-accused Shareef and applicant Haseen were arrested by the Police personnel on spot whereas other accused managed to escape; one bullock and one cow along with their parts and instruments relating to slaughtering were recovered from the spot.
It has been submitted by the learned counsel for the applicant that the co-accused Shareef has already been granted bail by this Court vide order dated 12.7.2018 in Criminal Misc. Bail Application No. 18390 of 2018 and the case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 8.4.2018 (more than three months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Haseen involved in Case Crime No. 242 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act & 3/11 Prevention of Animals Cruelty Act, Police Station Shahbad, District Rampur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
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 court below shall be at liberty to cancel the bail.
Order Date :- 27.7.2018 Puspendra