Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23840 of 2019 Applicant :- Imran And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ch. Dil Nisar,Vinay Prakash Shukla Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicants in Case Crime No. 239 of 2019 under Section 3/5/8 of Cow Slaughter Act, Police Station Gangoh, District Saharanpur with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by learned counsel for the applicants is that applicant accused has been faslely implicated in the present case; that co-accused Israna and Farzana have already been enlarged on bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 22656 of 2019 and 22761 of 2019 respectively, copies of which have been produced and the same are taken on record. He further submits that since the role of the applicants are identical to that of the co-accused who have already been enlarged on bail, he is also entitled to be enlarged on bail on the ground of parity. Learned counsel for the applicant lastly submits that the applicant is in jail since 12.3.2019 and that in case applicants are enlarged on bail, the applicants will not misuse the liberty of bail.
The prayer for bail has been vehemently opposed by learned A.G.A. However, he does not dispute the fact that the similarly placed co-accused have been granted bail by this Court.
Considering the submissions made by learned counsel for the applicant as well as learned A.G.A. and the fact that identically placed co-accused has already been enlarged on bail, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicants Imran and Rizwan in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not commit an offence similar to the offence of which applicant is accused, or suspected of the commission, of which applicant is suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 10.6.2019 Mohit Kushwaha