Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23072 of 2019 Applicant :- Mahir Hussain Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Mohd. Hasham Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Mahir Hussain, who is involved in Case Crime No. 49 of 2019, under Sections 3/5/8 Cow Slaughter Act and 11 of Prevention of Cruelty to Animal Act, Police Station - Kundarki, District- Moradabad.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It is next submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 25.03.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail. Lastly, it is also submitted that co-accused Bahrey Alam and Tauseef @ Taufeeq have already been enlarged on bail vide orders dated 22.05.2019 and 29.05.2019 passed by this Court in Crl. Misc. Bail Application Nos. 21532 of 2019 and 22547 of 2019 respectively. Therefore, the applicant is also entitled to be released on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Mahir Hussain, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 V.S.Singh