Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4477 of 2019 Applicant :- Mohd. Alam @ Bhaiya And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Supplementary affidavit, filed by learned counsel for the applicant today in the Court, is taken on record.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicants Mohd. Alam @ Bhaiya and Mohd. Ayub seeking bail in Case Crime No. 220 of 2018, under Section 307 IPC and Sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act and Sections 10/12 of Dacoity Affected Areas Act, Police Station Mau, District Chitrakoot.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and have been falsely implicated in the present case due to ulterior motive.
Learned counsel for the applicants has next submitted that the applicants are the driver and the cleaner of the truck, in which, 18 cows and their progenies have been recovered.
Learned counsel for the applicants has next submitted that the applicants have no concern whatsoever with the said recovered animals and they belong to the other co-accused persons.
Learned counsel for the applicants has next submitted that the applicants have no criminal history to their credit and they are in jail since 13.12.2018 and in case, they are released on bail, they 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 applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts and the fact that the applicants have no criminal history to their credit and they are in jail since 13.12.2018.
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 applicants have made out a case for bail.
Let the applicants Mohd. Alam @ Bhaiya and Mohd. Ayub be released on bail in the aforesaid case crime number on their 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 applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their 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 :- 25.2.2019 Nadim