Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8107 of 2018 Applicant :- Mota Opposite Party :- State Of U.P.
Counsel for Applicant :- Veer Bhagat Singh Kushwaha,Vijay Prakash Singh Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri Vijay Prakash Singh Kushwaha, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 Cr.P.C. has been moved by the accused- applicant Mota, who is involved in Case Crime No. 486 of 2017, under Section 3/5/8 of Prevention of Cow Slaughter Act and Sections 268, 269, 270 IPC, Police Station - Sahawar, District - Kasganj (Kanshi Ram Nagar).
As per prosecution version, on 28.12.2017 at about 05.00 A.M., 60 kg. 'gaumans' (beef) was recovered from the possession of the applicant and four other co-accused.
Learned counsel for the applicant contended that the applicant has been falsely implicated in this case. No offence, whatsoever is made out against him. Absolutely baseless and concocted allegations have been levelled against the applicant, who is innocent. Moreover, there is no public witness of the alleged recovery. The applicant has a criminal history of one case in Case Crime No. 340 of 2017 [Criminal Misc. Bail Application No. - 46726 of 2017 (Maan and Another v. State of U.P.)] in which he has been enlarged on bail vide order of this court dated 29.11.2017.
Per contra, learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Mota be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 27.3.2018 I. Batabyal