Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33704 of 2018 Applicant :- Kausar Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
It is submitted by the learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. The applicant was not arrested on the spot. There is no independent witness of the alleged incident. It has further been submitted that the co-accused Imtiyaz, Haseeb and Jane Alam having identical role have already been released on bail by another Bench of this court vide orders dated 7.8.2018, 27.8.2018 and 5.9.2018 respectively, therefore, the applicant is also entitled for bail on the ground of parity. It has further been submitted that criminal history of the applicant has been explained in paragraph no. 10 of the affidavit filed in support of bail application. The applicant is in jail since 26.7.2018.
Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that co-accused having identical role have already been released on bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case, I am of the opinion that it is a fit case for bail.
Let the applicant Kausar involved in Case Crime No. 110 of 2018, under Section 3/5ka/8 of Cow Slaughter Act, Police Station Thariyown 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;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.10.2018/Gss