Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40810 of 2018 Applicant :- Imran Khan And 2 Ors Opposite Party :- State Of U.P.
Counsel for Applicant :- Vijay Singh Sengar Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants seeking bail in Case Crime No.91 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Gohan, District Jalaun.
According to the prosecution case as alleged in the FIR, the first information report was lodged against as many as five persons including the applicants on 13.09.2018 and they have been arrested by the police on spot and 5 Kg. of beef and instruments of slaughtering is shown to have been recovered.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in the present case on account of ulterior motive. There is no independent witness to corroborate the alleged recovery.
He has further submitted that the applicants are in jail since 13.09.2018 and in case, the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Learned counsel has next submitted that the applicants have no criminal history to their credit. Lastly, it is submitted that there is no chance of applicants fleeing away from the judicial process and tampering with the evidence.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants.
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 applicants have made out a case for bail.
Let the applicants 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants 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 :- 26.10.2018 cks