Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14545 of 2019 Applicant :- Khalid Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Supplementary affidavit filed today, is taken on record.
Heard Mr. Syed Faiz Hasnain learned counsel for the applicant, Sri S.S. Tiwari learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Mohd. Khalid is involved in Case Crime No. 16 of 2018, under Sections 3/5/8 Cow Slaughter Act, Police Station - Mundapandey, District-Moradabad.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It has further submitted that a false recovery of 40 Kgs. beef has been shown from the possession of the applicant. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that there is no independent or public witness of the alleged recovery. It is also next submitted that four cases have been shown against the applicant in his criminal history and charge sheet have been submitted by the police, but in first three cases bearing Case Crime No.124 of 2017, Case Crime No. 370 of 2017 and Case Crime No.169 of 2017, applicant was neither named in the F.I.R. nor he was charge sheeted and fourth case bearing Case Crime No.674 of 2018 under Section 3 (1) of U.P. Gangsters Act, Police Station Mundapandey, District Moradabad is only assigned to the present applicant, in which arrest of the applicant has been stayed till the submission of the charge sheet, same has properly been explained in para Nos.2 and 3 of the supplementary affidavit. It is next submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 27.02.2019 He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail.
On behalf of State bail has been opposed.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Khalid, 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 with the following conditions:
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.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 30.4.2019/Pr/-