Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23623 of 2018 Applicant :- Munnwar Opposite Party :- State Of Up Counsel for Applicant :- Ramesh Chandra Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by the learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against seven accused persons namely, Shanwaj, Munnawar, Ajam, Gul Sannur, Gulnawaj, Salim and Nadim alleging that on 10.4.2018 four quintal beef and instrument relating to slaughtering were recovered by the police personnel from the possession of Shanwaj, Munnawar and, Ajam from the place of occurrence. Accused-Gul Sannur, Gulnawaj, Salim and Nadim fled away from the place of incident.
Learned counsel for the applicant submitted that co-accused Shahnawaj has been enlarged on bail by co-ordinate Bench of this Court vide order dated 21.6.2018 in Criminal Misc. Bail Application No. 22625 of 2018 and the case of the applicant is identical with the case of the co-accused; hence the applicant is also entitled to same benefit. The applicant is languishing in jail since 11.4.2018 (more than four months); having no criminal history; there is no independent witness against the applicant.The applicant is innocent and has been falsely implicated in the present case and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicant has no criminal history and the case of the applicant is identical with the case of co-accused-Shahnawaj.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, 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 Munnwar involved in Case Crime No. 127 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Mandi, District Saharanpur 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:
1. The appellant will not tamper with the evidence during the trial.
2. The appellant will not pressurize/ intimidate the prosecution witness.
3. The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The appellant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 21.8.2018 OP