Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25073 of 2019 Applicant :- Islam Opposite Party :- State Of U.P.
Counsel for Applicant :- Shravana Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
This is a bail application on behalf of the applicant Islam in connection with Case Crime No.218 of 2019, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, P.S. Kairana, District Shamli.
The submission of learned counsel for the applicant is that there is no public witness of alleged recovery of beaf. He further submitted that the offences are triable by the Court of Magistrate. He submitted that the applicant is in jail since 21.04.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has vehemently opposed the bail plea.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Islam in connection with Case Crime No.218 of 2019, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, P.S. Kairana, District Shamli be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence and he will not indulged in similar illegal activities;
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case as to as dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 21.6.2019 R./