Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35665 of 2018 Applicant :- Kurban And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
The counter affidavit filed on behalf of the State be taken on record.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The FIR of alleged incident was lodged against seven persons including applicants.
The learned counsel for the applicants submits that the allegation against the applicants is that 5-5 Kg beef and two axe were recovered from the possession of applicants and on the pointing out of applicants, 40 kg beef was recovered from the place of occurrence.
It has further been submitted that the applicants are real brother, they have been falsely implicated in the present case. There is no independent witness of alleged recovery. There is no criminal history of the applicants. The applicants are in jail since 26.6.2018.
Per contra, learned AGA opposed the prayer for 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 applicants Kurban and Saddam involved in Case Crime No. 182 of 2018, under Section 3/5A/8 Cow Slaughter Act, Police Station Behat, District Saharanpur be released on bail on their 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 applicants will not tamper with the evidences.
2. The applicants will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicants 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 applicants.
Order Date :- 30.10.2018 Ashutosh Pandey