Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30382 of 2019 Applicant :- Maroof And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Kant Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No. 380 of 2019, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station Civil Lines, District- Rampur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicants that applicants have been falsely implicated in the present case and that they were not apprehended on the spot and no recovery has been made from them. It was submitted that there is no criminal history of the applicants and that similarly placed co-accused Bhoora has already been granted bail by this Court vide order dated 15.07.2019 passed in Criminal Misc. Bail Application No.28090 of 2019. It has been further submitted that applicants are languishing in jail since 02.07.2019 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicants Maroof and Aslam involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicants shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not commit an offence similar to the offence of which applicant is accused.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 T.S.