Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33027 of 2019 Applicant :- Mumtaz @ Potar Hakla Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case. He further submitted that nobody seen the accused- appellant to slaughter the cow nor any instrument for slaughtering has been recovered from the place of occurrence. It is further submitted that only skin of cow recovered by first informant but there is no conclusive proof that the recovered skin belong to first informant cow. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and is in jail since 12.7.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Mumtaz @ Potar Hakla involved in Case Crime No. 424 of 2019, under Sections 3/5/8 of U.P. Cow Slaughter Act, Police Station Kotwali, District Fatehpur, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2019 Sachin