Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13925 of 2021 Applicant :- Mohd. Umar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary affidavit has been filed by the learned counsel for the applicant and the same is taken on record.
Heard Sri Mohd. Irfan, learned counsel for the applicant and Sri G. P. Singh, learned A.G.A. for the State and perused the record.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 149 of 2020, under Sections 3/5/8 of Prevention of Cow Slaughter Act, P.S. Swar, District Rampur.
It has been argued by the learned counsel for the accused applicant that accused applicant has been falsely implicated in this case; he is totally innocent. It is further argued that a false recovery of 80 Kg beef is said to have been made from the accused applicant along with two other co-accused along with some meat cutting articles. It is further argued that there was no public witness of the said recovery. The accused applicant has criminal history of one case being Case Crime No. 202 of 2020, in which he has been granted bail. Apart from this, one more case under Gangster Act has been imposed on the basis of earlier two cases being Case Crime No. 86 of 2021, F.I.R. of which has been provided by the learned counsel for the applicant and the same is taken on record and it is argued in this regard that he would move bail application in Case Crime No. 86 of 2021 after getting bail in the present case. The accused applicant is in jail since 03.02.2021; if the accused is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the aforesaid facts, considering the quantum of the punishment, nature of the offence and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Mohd. Umar 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 applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 VPS