Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1451 of 2018 Applicant :- Lalloo Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Shashi Kant,J.
Heard Sri Pradeep Kumar Tiwari, Advocate, holding brief of Sri Ravindra Prakash Srivastava, learned counsel for applicant, Sri Pradeep Kumar, learned A.G.A for the State of U.P. and perused the record.
The present bail application has been filed by the applicant in Case Crime No.815 of 2016, under Sections 3/5/5A/8 of U.P. Prevention of Cow Slaughter Act and 11 Prevention of Cruelty to Animals Act, Police Station - Dudhara, District - Sant Kabir Nagar, with the prayer to enlarge him on bail.
The submissions of learned counsel for the applicant are that the applicant has been wrongly and falsely implicated in the case. He is in jail since 07.07.2017. It is further submitted that the applicant was not arrested on spot and no recovery has been made from his possession or his pointing out. Co-accused Muneer, whose case is on the similar footing as that of applicant, has been enlarged on bail by this Court vide order dated 23.01.2018, passed in Criminal Misc. Bail Application No.2352 of 2018. Further, the criminal history of another case in the same offence has been explained in para 14 of the affidavit filed in support of bail application. In these circumstances, the applicant is also entitled for bail. In case of being enlarged on bail, he will not misuse the liberty of bail.
During course of arguments, learned counsel for the applicant placed before this court a photocopy of bail order of co-accused Muneer, which is taken on record.
Learned A.G.A. opposed the prayer for grant of bail to the applicant but fairly conceded that neither the applicant is arrested on spot nor any recovery has been made from his possession or his pointing out; and similarly situated co-accused Muneer has already been granted bail.
Considering the rival submissions of learned counsel for parties, material available on record, ground of parity with the co-accused as well as totality of fact and circumstances, and without expressing any opinion on the merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant Lalloo be released on bail in Case Crime No.815 of 2016, under Sections 3/5/5A/8 of U.P. Prevention of Cow Slaughter Act and 11 Prevention of Cruelty to Animals Act, Police Station - Dudhara, District - Sant Kabir Nagar, on his furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(1) Applicant will not try to influence the witnesses or tamper with the evidence of the case or otherwise misuse the liberty of bail.
(2) Applicant will fully cooperate in expeditious disposal of the case and shall not seek any adjournment on the dates fixed for evidence when witnesses are present in the Court.
(3) Applicant shall remain present, in person, before the trial court on the dates fixed for (a) opening of the case, (b) framing of charge; and (c) recording of statement under Section 313 Cr.P.C.
(4) Applicant will not involve in any criminal activities specially in like nature of the present case.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 29.3.2018 KA