Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30242 of 2019 Applicant :- Kallo Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Singh,B.N.Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Santosh Kumar Singh, learned counsel for the applicant as well as Mr. S.N. Tiwari, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that as per prosecution version, one head of cow, four legs and knives are alleged to have been recovered from the place of occurrence, but no beef was recovered from the place of occurrence, which falsify the prosecution story. It is also submitted by the learned counsel for the applicant that eye-witnesses have not seen the applicant slaughtering the cow. Their evidence is only hearsay evidence, which cannot be relied on. It is also submitted by the learned counsel for the applicant that the alleged recovery is false, fabricated and concocted. In fact, no such recovery was effected from the possession of the applicant. Learned counsel for the applicant submits that the applicant is a lady and she has no concern with the alleged recovery. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 16.05.2019. She does not have any criminal history to her credit. In case, the applicant is released on bail, she 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, she will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Kallo, involved in case crime No. 31 of 2019, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, PS Kailiya, District Jalaun, be released on bail on her 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Sazia