Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7117 of 2018 Applicant :- Khalid And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
According to prosecution case, the F.I.R. was lodged against four accused persons, namely, Sahjad, Khalid, Azad and Fareed; alleging that on 4.6.2017 police raided on the spot and 30 Kg. beef were recovered but accused persons fled away after firing at the police personnels but they escaped themselves.
It is submitted by learned counsel for the applicants that the applicants are innocent and have been falsely implicated in the present case. There is general allegations against the applicants. Offences levelled against the applicant are not attracted in the present case. It is a case of no injury. Criminal history of the applicants have been properly explained. They are languishing in jail since 4.6.2017 (more than eight and half months) and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
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 criminal history of the applicants have been explained.
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 applicants Khalid and Azad involved in Case Crime No. 1084 of 2017, under Section 307 IPC and Section 3/5/8 Cow Slaughter Act, Police Station Kotwali Dehat, District Bulandshahr 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 23.2.2018//A. Singh