Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43994 of 2021 Applicant :- Mohammmad Nadeem Opposite Party :- State of U.P.
Counsel for Applicant :- Ram Jatan Yadav Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.49 of 2021, under Sections 3/5/8 Prevention of Cow Slaughter Act and Sections 269, 270 IPC and Section 3 Epidemic Act, 1987, police station Raja ka Rampur, District Etah with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that accused-applicant is innocent and he has been falsely implicated in this case. The alleged recovery of 400 kilogram beef shown from applicant and co-accused persons is false and baseless and that there is no independent witness of alleged recovery and that alleged recovery was planted upon the applicant and co-accused persons and that there is no expert report that recovered material is beef. It was also submitted that there is no evidence of slaughtering against the applicant and that the alleged offences are triable by the court of Magistrate. It was also submitted that co-accused Gulam Hasan Urf Gattu has already been enlarged on bail by coordinate Bench of this Court, copy of which has been produced and the same is taken on record. It has further been argued that applicant is in judicial custody since 17.05.2021 and in case, the applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant 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.
The prayer for bail is granted. The application is allowed.
Let the applicant Mohammmad Nadeem 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 applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.10.2021 Neeraj