Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41104 of 2018 Applicant :- Munney Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd Faiz Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Munney seeking bail in Case Crime No.303 of 2018, under Section 3/5/8 Cow Slaughtering Act, P.S. Sahaswan, District- Budaun.
According to the prosecution case, the first information report has been lodged against as many as six persons including the applicant on 06.07.2018 and 2 quintals of beef and some instruments of slaughtering is shown to have been recovered. Three persons including the applicant have been shown to be arrested on spot while three other persons fled away.
Learned counsel for the applicant has further submitted that at the time of arrest co-accused persons opened fire on the police party and a case under Section 307 I.P.C. has been registered against the applicant and a knife is shown to have been recovered from his possession, however, in the said case, the applicant has already been granted bail.
Learned counsel for the applicant has next submitted that there is no independent witness to corroborate the said recovery of beef and instruments of slaughtering.
Learned counsel for the applicant has next submitted that the applicant is in jail since 26.07.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means and there is no criminal history to his credit.
Lastly, it is submitted that there is no chance of applicant fleeing away from the judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Munney be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018 cks