Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36389 of 2018 Applicant :- Mohd. Ayaj @ Gorakh Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against thirteen accused persons namely, Shamshuddin, Rakib @ Rakibuddin, Guddu @ Laggad, Jameeruddin, Shah Alam, Gulab, Farjana, Shana, Rijwana, Hina, Ariba, Rehnuma and Mohd. Asalam alleging that on 20.7.2018 accused Farjana, Shana, Rijwana, Hina, Ariba, Rehnuma and Mohd. Asalamhe were arrested by the police with 24 animals, three quintal beef and some instruments for slaughtering and other accused fled away. During investigation, the name of the applicant was surfaced.
It is submitted by learned counsel for the applicant that recovery is false and planted. Co-accused namely Smt. Farjana, Sana, Rijwana, Hina, Rehnuma and Ariba have already been granted bail by this Court vide order dated 30.8.2018 in Criminal Misc. Bail Application No. 33083 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. Applicant was not named in the F.I.R. and not arrested on the spot. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 30.7.2018 (near about two months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial. It is further submitted that co- accused Jamiruddin lodged an F.I.R. in Case Crime No. 0123 of 2018 against police personnels due to that enmity, police has falsely roped the present case. In that case, High Court has ordered enquiry by the CB CID.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Mohd. Ayaj @ Gorakh involved in Case Crime No. 210 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act and Section 11 Animal Cruelty Act and Section 7 Criminal Law Amendment Act, P.S. Shahganj, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 A. Singh