Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18651 of 2018 Applicant :- Mohammad Yunus And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Ali Imam Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the present case. It is further submitted that co-accused has been granted bail by this Court on 4.5.2018 vide Criminal Misc. Bail Application No. 16747 of 2018. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, the applicants are also entitled for bail. Applicant are in jail since 15.3.2018 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicants Mohammad Yunus, Nazre Alam and Abdul Kalam @ Kalla involved in Case Crime No. 99 of 2018 under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station Dudhara, District - Sant Kabir Nagar be released on bail on furnishing each a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions,the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.5.2018 safi