Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30615 of 2018 Applicant :- Jafar And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Kanchan Singh,Amit Kumar,Shadab Ali Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case F.I.R. was lodged against six accused persons, namely Jafar, Asif, Israr, Nazar Miyan, Ishrat, Mohd. Arif @ Raju and one unknown person, four vehicles were recovered by the Police personnel and 26 quintal 96 kg. beef was also recovered and 110 kg. 900 gms. beef of vehicle in question of the applicant. 17 quintal beef was recovered from the store of Mohd.Arif @ Raju, 4.5 quintals beef was recovered from the vehicle of Jafar, Israr and Asif. 130 kg beef was recovered from the possession of Ishrat and 1.5 kg. beef was recovered from the possession of Asif.
Learned counsel for the applicants submitted that co-accused Nazar Miyan has been enlarged on bail by co-ordinate Bench of this Court vide order dated 17.09.2018 in Criminal Misc.Bail Application No.30823 of 2018 and the case of the present applicants is identical with the case of the co-accused, who has been enlarged on bail, hence the applicant is also entitled for the same benefit; there is no allegation of slaughtering against the applicants Beef was recovered from the vehicle of Jafar. The license is for supply of meat; applicants are languishing in jail since 18.6.2018 (more than four months); having no criminal history; there is no independent witness against the applicant; he has been falsely implicated; recovery was shown by the Police to show his good work only and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Jafar & Israr involved in Case Crime No. 331 of 2018, under Section 3/5-A/8 of U.P. Prevention of Cow Slaughter Act, P.S. Kotwali, District Budaun be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 29.10.2018 SKD