Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27957 of 2018 Applicant :- Kallu Kureshi Opposite Party :- State Of U.P.
Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.,Thakur Prasad Dubey
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard Sri Thakur Prasad Dubey, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against three accused persons namely Kallu Kuraishi, Mosin and Kamar alleging that on 20.5.2018 accused Kallu Kuraishi and Mosin were arrested by the police with 50 Kg. beef and accused Kallu Kuraishi was stated that beef was purchased from Kamar.
It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. Applicant was not arrested on the spot. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 20.5.2018 (about four months); having no criminal history 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 applicant Kallu Kureshi involved in Case Crime No. 149 of 2018, under Section 3/5-A/8 of U.P. Prevention of Cow Slaughter Act, P.S. Bilari, District Moradabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 :- 25.9.2018 OP