Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21936 of 2018 Applicant :- Hashmat Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd Imran Khan Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against two accused persons namely, Hashmat Ali and Riyazul alleging that on 23.2.2018, Hashmat Ali was arrested by the police personnel with 30 kg. beef on motorcycle.
Learned counsel for the applicant submitted that applicant is languishing in jail since 24.2.2018 (about six months); having no criminal history; he has been falsely implicated; he is not owner of the motorcycle; he has no concern with the beef; recovery was planted by the police personnel; the owner of the motorcycle is Riyazul; there is no independent witness against the applicant. The applicant is innocent and has been falsely implicated in the present case 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 admitted that the applicant has no criminal history.
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 Hashmat involved in Case Crime No. 123 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. 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 :- 21.8.2018 OP