Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11881 of 2021 Applicant :- Islam Nabi Opposite Party :- State of U.P.
Counsel for Applicant :- Najakat Ali,Mahabir Yadav,Ram Awtar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr. Manuraj Singh, learned AGA for the State.
The applicant seeks bail in Case Crime No. 256 of 2020, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Kotwali, District Rampur.
It has been contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive; the alleged recovery is false and in fact, nothing was recovered from the possession of the applicant; there is no independent witness of the alleged recovery. It is next contended that co-accused Ikbal has been enlarged on bail by co-ordinate Bench of this Court vide order dated 19.02.2021 in Cr. Misc. Bail Application No. 9544 of 2021. It has lastly been contended that the applicant is languishing in jail since 25.12.2020 having no other criminal history to his credit and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Islam Nabi involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 5.4.2021 Lbm/-