Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32822 of 2018 Applicant :- Maajid Opposite Party :- State Of U.P.
Counsel for Applicant :- Saba Khan,Syed Faiz Hasnain Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case F.I.R. was lodged against three accused persons, namely, Maajid, Jakir and Rahisul alleging that on 6.7.2018 applicant Maajid was arrested by Police personnel from the house of co-accused Rahisul, whereas the other two co-accused managed to escape; 50 kg. beef and instrument relating to slaughtering were recovered from the spot.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is languishing in jail since 7.7.2018 (about two and half months); having no criminal history; there is no independent witness against the applicant; recovery was made from the house of Rahisul; the applicant is sole bread earner of his family and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 applicant Maajid involved in Case Crime No. 212 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Kundarki, District Moradabad be released on bail on 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 evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 :- 25.9.2018 NS