Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56772 of 2019 Applicant :- Mahtab And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Satya Prakash Singh, learned counsel for the applicants; as well as Sri C.P. Singh, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicants - Mahtab & Samiullah @ Khissu with a prayer to release them on bail in Case Crime No. - 285 of 2019, under Section -307 I.P.C., under Section 3/5/8 Cow Slaughter Act, under Section 11 of Animal Cruelty Act, & under Section 7 Criminal Law Amendment Act, Police Station -Phoolpur, District - Azamgarh, during pendency of trial.
3. Having heard learned counsel for the parties, at present :
(i) the applicants are accused of attempt to commit murder and other offences, punishable with imprisonment of ten years;
(ii) against FIR lodged on 31.10.2019, the applicants are in confinement since 13.11.2019;
(iii) the applicants claim to have cooperated in the investigation. In any case they are not shown to have unduly evaded arrest;
(iv) the applicants have no criminal history;
(v) though investigation is stated to be pending against applicants yet, at present, no justifiable cause has been shown to continue the detention of the applicants for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail it has been submitted that the applicants have been falsely implicated, inasmuch as, no recoveries have been made from them, and there is no other credible material to proceed against them;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State and that the applicants, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicants involved in the aforesaid crime 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:-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicants shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.12.2019 S.Chaurasia