Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32617 of 2018 Applicant :- Mohd. Nabi Opposite Party :- State Of U.P.
Counsel for Applicant :- Vivek Kumar Mishra 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 the F.I.R. was lodged against three unknown persons alleging that on 16.7.2018 a tata safari bearing no. UK06R/3000 containing five alive cows and some materials confiscated by the police and all accused persons fled away. During investigation, it was found that applicant is the owner of said vehicle.
It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. Applicant was not named in the F.I.R. and not arrested on the spot. Applicant is the owner of said vehicle but no knowledge about this act. Accused Jamal was the driver of said vehicle. There is no independent witness against the applicant. 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 26.7.2018 (more than one month) 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.
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. Nabi involved in Case Crime No.
152 of 2018, under Section 3/5A/8 Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, P.S. Patwai, District Rampur 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 :- 28.8.2018 A. Singh