Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41050 of 2018 Applicant :- Junaid Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Singh,Amit Rai Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Junaid seeking bail in Case Crime No. 305 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Kotwali, District Bijnor.
Learned counsel for the applicant has submitted that FIR has been lodged against as many as four persons on 09.09.2018 and 10 Kg of beef and some instrument of slaughtering is shown to have been recovered from the possession of one Mursaleen, who has been arrested on the spot, however three other persons are said to have fled away.
Learned counsel for the applicant has further submitted that the applicant is innocent and has been falsely implicated in the present case by the police just in order to show their good work. The applicant has no concern with the said recovery and he has no criminal history to his credit.
He has further submitted that the applicant is in jail since 25.09.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant and has further submitted that the applicant has not been arrested on the spot and he has no criminal history to his credit and he is in jail since 25.09.2018.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Junaid be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018 Nadim