Court No. - 28
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32657 of 2018 Applicant :- Mohammad Sonu @ Sonu Rangad Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Mohammad Sonu @ Sonu Rangad seeking bail in Case Crime No. 569 of 2018, under Sections 147, 148, 149, 307, 332, 353, 186, 152, 429 IPC and Section 7 of Criminal Law Amendment Act and Section 3/5/8 of the Prevention of Cow Slaughter Act, Police Station Jani, District Meerut.
Learned counsel for the applicant has submitted that FIR has been lodged against as many as nine persons on 14.07.2018 and four persons Mohsin Rangad, Akhalak Rangad, Jaan Mohammad and the applicant Mohammad Sonu @ Sonu Rangad are said to have been arrested by the police and three qunital of beef and some instruments of slaughtering is shown to have been recovered from the possession of the arrested accused persons, whereas other five accused persons fled away.
Learned counsel for the applicant has next submitted that similarly situated other three co-accused persons Mohsin Rangad, Akhalak Rangad and Jaan Mohammad, who were arrested on the spot along with the applicant, have already been granted bail by this Court in Criminal Misc. Bail Application No. 38971 of 2018 vide order dated 10.10.2018.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive and the applicant has no criminal history to his credit.
He has further submitted that the applicant is in jail since 14.07.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant that the similarly placed three other co-accused has already granted bail by this Court and the applicant has no criminal history.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Mohammad Sonu @ Sonu Rangad 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 subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 29.10.2018 Nadim