Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32053 of 2018 Applicant :- Mohd. Arshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Faiz Hasnain,Ram Kumar Dubey,Syed Riyaz Askari Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
Heard learned counsel for the applicant, learned A.G.A and perused the record.
Learned counsel for the applicant submits that the allegation against the applicant is that the applicant was selling the beef at his shop illegally and 35 Kg. beef was recovered from the shop of the applicant and co-accused Aqeel. It has further been submitted that the applicant was holding the licence to sell the meat of buffalo only. It has further been submitted that in fact false recovery has been shown from the shop of the applicant. There is no independent witness of the alleged recovery. The area police has roped the applicant in this case making false allegation. There is no evidence of slaughtering of cow. There is no criminal history of the applicant and is in jail since 20.7.2018.
Per contra, learned A.G.A has opposed the prayer for bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicant Mohd. Arshad involved in Case Crime No. 745 of 2018, under Section 3/8 Cow Slaughter Act, P.S. Civil Lines, District Moradabad be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and co- operate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.10.2018 A.