Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 10491 of 2018 Applicant :- Mohammad Naseem Opposite Party :- State Of U.P.
Counsel for Applicant :- Shivam Singh,Satyendra Pratap Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Heard learned counsel for the applicant, learned Additional Government Advocate and perused the records.
The applicant is involved in case crime no. 346 of 2017, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Jahanabad, District Pilibhit.
As per the version of FIR, 755 skins of cow origin animals were recovered from a truck by the police. However, all the five persons on board, have jumped out into a Canal and ran away. The police, therefore, lodged the FIR as against unknown persons.
Learned counsel for the applicant contends that the applicant has been falsely implicated on the basis of suspicion and with ulterior motive. His name was come in the present case on account of co-accused have taken his name and that is why applicant has come to be involved in the aforesaid case crime number. However, he submits that all the four accused persons namely Anis Ahmad, Chhotey, Mohammad Tahir and Tanveer Ahmad have granted bail by co-ordinate Benches of this Court vide orders dated 26.02.2018, 11.12.2017, 20.12.2017 & 20.12.2017 passed in Criminal Misc. Bail Application Nos. 7377 of 2018, 46728 of 2017, 50179 of 2017 and 50176 of 2017 respectively. The bail orders of aforesaid accused persons have been placed before this Court and are taken on record. Further contention is that the applicant is in jail since 18.10.2017 for no fault of him.
On contrary, learned AGA opposed the prayer for bail but could not controvert the bail orders granted to co-accused persons.
Considering the facts and circumstances of the case and the argument advanced by learned counsel for the applicant, and without going into the merits of the case, I am of the view that the applicant is entitled for bail.
Let the applicant Mohammad Naseem involved in aforesaid case be released on bail on his executing a personal bond and furnishing two sureties each of the like amount to the satisfaction of the court concerned.
However, applicant has been directed to be enlarged on bail with condition that he shall appear before court concerned as and when required and shall not avoid personal appearance, failing which, informant will be at liberty to move for cancellation of bail.
It is made clear that Identity status and residence proof of the applicant and sureties be strictly verified by the court concerned before the bonds are accepted.
Order Date :- 29.3.2018 IrfanUddin