Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20452 of 2018 Applicant :- Mustakeem @ Miyan Opposite Party :- State Of U.P.
Counsel for Applicant :- S2412,Ashiyam Nasir Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that although for the same offence a case was registered in the year 2017 against the applicant but this F.I.R. was lodged on the basis of false facts. Nothing was recovered from the possession of the applicant nor he was arrested on the spot. In the criminal cases shown in the criminal history applicant is on bail. He is languishing in jail since 26.4.2018 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 AGA opposed the prayer for bail.
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 the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Mustakeem @ Miyan involved in Case Crime No. 123 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Azimnagar, District - Rampur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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 applicant 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2018 Sachdeva