Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17532 of 2019 Applicant :- Mohammad Mehtab Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Khalid Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Mohammad Khalid, learned counsel for the applicant as well as Mr. Z.K. Hasan, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted that a false recovery of 50 kgs of beef has been shown from the possession of the applicant. In fact no such recovery has been effected from the possession of the applicant. It is also submitted by the learned counsel for the applicant that there is no independent or public witness of the alleged recovery. Learned counsel for the applicant submits that co- accused Mohd. Samar and Mohd. Shebu have been granted bail by this Court vide orders dated 19.04.2019 and 22.04.2019 in Criminal Misc. Bail Application Nos. 16242 of 2019 and 16410 of 2019 respectively. It is next contended that there are no chances 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.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Mohammad Mehtab, involved in case crime No. 311 of 2019, under sections 3/5/8 Prevention of Cow Slaughter Act, PS Jhunsi, district Allahabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.4.2019 Sazia