Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36944 of 2018 Applicant :- Lal Sahab @ Bhuira Opposite Party :- State Of U.P.
Counsel for Applicant :- Pramod Kumar Srivastava 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 applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the allegation against the applicant is that 80 Kg beef with Chapar, axe, knife, Taraju (weighing machine) etc. were recovered from the Baada of the applicant.
It has further been submitted that the applicant was not arrested on the spot. The alleged recovery has been shown from an open place. There is no independent witness of alleged recovery. It has been further submitted that the applicant has no concern with the alleged recovery. He has been falsely implicated in the present case. There is no criminal history of the applicant. The applicant is in jail since 2.8.2018.
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 applicant Lal Sahab @ Bhuira involved in case crime no. 50 of 2018, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station Mohabbatpur Painsa, District Kaushambi 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 Ashutosh Pandey