Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23206 of 2019 Applicant :- Jumma Opposite Party :- State Of U.P.
Counsel for Applicant :- Bharat Bhushan Paul,Saurabh Paul Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Jumma has prayed to release him on bail in Case Crime No. 52 of 2019, u/s 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, P.S. Kundarki, District Moradabad.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number for having in possession of 125 kg. beef meat whereas he was of no concern with above recovery, which was a planted one and there is no independent public witness of the alleged recovery. Accused applicant is in jail since 26.3.2019. He is a patient of tuberculosis and an old aged person. He is of no criminal antecedent. There is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not oppose the fact of no criminal antecedent.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Jumma involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 3.6.2019 Kamarjahan