Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34234 of 2018 Applicant :- Mohd Ashfak Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
The counter affidavit filed on behalf of the State be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
According the prosecution case, the FIR of alleged incident was lodged against the five persons including applicant. It is said that the applicant was arrested on the spot and other co-accused fled away. 10 Kg. beef was recovered from the possession of the applicant and 30 Kg. beef, two Chhuri, one axe, four Rassi, one balance weight and one piece of wood were recovered from the place of occurrence.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the present case. The applicant is a poor man. He has no concern with the alleged recovery. There is no independent witness of the alleged recovery. There is no criminal history of the applicant and he is in jail since 6.8.2018.
Per contra, learned AGA opposed the prayer for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case. I am of the opinion that it is a fit case for bail.
Let the applicant Mohd. Ashfak involved in Case Crime No. 264 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, Police Station Shahzad Nagar, District Rampur 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 he will cooperate 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 Ashutosh Pandey