Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28507 of 2019 Applicant :- Jabir And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Vivek Kumar Mishra, learned counsel for the applicants, Sri Sushil Kumar, learned A.G.A. for the State and perused the record.
Learned counsel for the applicants in support of his prayer for bail submits that the applicants are innocent and they have been falsely implicated in the present case with some ulterior motive. It is further submitted that neither the applicants were apprehended on the spot nor any incriminating articles were recovered from the possession of the applicants. In fact no such recovery has been effected from the possession of the applicants. It is next submitted that names of the applicants have been surfaced in the statement of the co-accused Akil . It is also submitted that there is no independent or public witness of the alleged recovery. it is next submitted that there is no chance of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants have no criminal history in their credit. Applicants are languishing in jail since 01.07.2019. In case, the applicants are released on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage, therefore, the applicants do not deserve any indulgence. In case the applicants are released on bail they will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicants Jabir and Muntyaz involved in Case Crime No 320 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Shahabad, District-Rampur be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 30.7.2019 Pr/-