Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29747 of 2019 Applicant :- Jiyaul Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Mishra,Lal Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Lal Chandra Mishra, learned counsel for the applicant, Sri Nitin Agrawal, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It is further submitted that neither the applicant was apprehended on the spot nor any incriminating articles were recovered from the possession of the applicant. It is next submitted that alleged recovery of 30 kg beef and other incriminating articles is false, fabricated and concocted. In fact no such recovery has been effected from the possession of the applicant. 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 applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has no criminal history and he is languishing in jail since 06.04.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he 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 applicant Jiyaul involved in Case Crime No.135 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station-Khaga, District-Fatehpur be released on bail on his 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 :- 25.7.2019 Pr/-