Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14267 of 2017 Applicant :- Mohd. Monu & 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Diwakar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Naheed Ara Moonis,J.
The instant bail application has been filed on behalf of applicants- Mohd. Monu, Mohd. Alam and Mohd. Munna seeking bail in Case Crime No. 113 of 2017 under Sections 3/5A/8 Prevention of Cow Slaughter Act and 11 (Gha) (Angha) Animal Cruelty Act, Police Station Khaga, District Fatehpur during the pendency of trial.
Heard learned counsel for the applicants and learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that the applicants are maliciously being prosecuted in the present case. The first information report was lodged by S.I. Hari Ram Mauriya against the applicants at the tip off of an informer recovery of 18 bullocks, out of which one bullock was lying dead in the truck U.P. 71 of 9012. There was no evidence showing the transportation of the said bullocks for slaughtering. There is no independent witness to support the prosecution case. There is material inconsistency in the prosecution case. The applicants have been arrested on merely suspicion at the connivance and inkling of interested and partisan person who were sympathizer of the police personnel. There are remote chances of trial being concluded in near future due to heavy dockets. The applicants are absolutely innocent and are languishing in jail since 07.03.2017. In case the applicants are released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants contending that the applicants are involved in the trade of transporting bullocks. In case the applicants are released on bail he will misuse the liberty of bail.
Without expressing any opinion on the merits, let the applicants Mohd. Monu, Mohd. Alam and Mohd. Munna involved in aforesaid crime 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 that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 19.4.2017 Ruchi