Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43756 of 2021 Applicant :- Israr Opposite Party :- State Of U.P Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Perusal of record shows that case relates to recovery of 45 kg beef and some tools used in cow slaughtering. It was submitted that there is no independent witness of alleged recovery and that said recovery has been shown from four accused persons. There is no expert evidence so far that the recovered flesh pertains to cow specie animal. Lastly, it was submitted that the applicant is languishing in jail since 03.09.2021 and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Israr involved in Case Crime No. 437 of 2021, under Sections 3/5/8 of Prevention of Cow Slaughter Act, P.S. Behat, District Saharanpur, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 27.10.2021 A. Tripathi Digitally signed by RAJBEER SINGH Date: 2021.10.28 10:14:46 IST Reason: Document Owner Location: High Court of Judicature at Allahabad