Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40777 of 2018 Applicant :- Inshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Raj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Inshad seeking bail in Case Crime No. 282 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Thana Bhawan, District Shamli.
Learned counsel for the applicant has submitted that the FIR was lodged against as many as six persons on 14.07.2018. He has further submitted that one Kurban has been arrested on spot and the police have shown to have recovered 60 Kg. beef and some instruments of slaughtering animal from the possession of arrested accused Kurban. However, the applicant is said to have fled away.
Learned counsel for the applicant has further submitted that no recovery whatsoever has been made from the possession of the the applicant, in fact, the applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. He has further submitted that the applicant has no criminal history to his credit.
He has further submitted that the applicant is in jail since 17.08.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant is in jail since 17.08.2018 and the applicant was not arrested on spot. Learned AGA also could not dispute the fact that the applicant has no criminal history to his credit.
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 applicant has made out a case for bail.
Let the applicant Inshad 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 applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant 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 Arun Gangwar