Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33552 of 2019 Applicant :- Mohd. Nihal Opposite Party :- State Of U.P.
Counsel for Applicant :- Deepak Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Deepak Kumar Tripathi, learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The alleged recovery from the possession of applicant, is totally false, fabricated and concocted. The applicant has no concerned with the alleged recovery. There is no independent witness of the alleged recovery. Co-accused Nizamuddin @ Soman has already been enlarged on bail by this Court vide order dated 19.08.2019 passed in Criminal Misc. Bail Application No. 33053 of 2019, copy of which has been produced for perusal. Six more cases are mentioned in criminal history of the applicant in which he has been granted bail, bail orders have been annexed at Annexure No.2 to the affidavit. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 17.07.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody and 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. Nihal be released on bail in Case Crime No.197 of 2019 under sections 307, 411 IPC, Section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act and Section 11 Animals Cruelty Act, Police Station- Dudhara, District- Sant Kabir Nagar on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Ashutosh Pandey