Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30011 of 2019 Applicant :- Mustaqeem Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd. Irfan Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Mohd. Irfan, learned counsel for the applicant, Ms. Seema Shukla, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It has further submitted that neither the applicant was apprehended on the spot, nor any incriminating articles were recovered from the possession of the applicant. It is further submitted that a false recovery of beef and other incriminating articles, is false, fabricated and concocted. In fact no such recovery has been effected from the possession of the applicant. It is argued that there is no prima facie evidence against the applicant and applicant has no concern with the alleged recovery. It is also submitted that there is no independent or public witness of the alleged recovery. It is next submitted co-accused namely Lal @ Yaseen who was apprehended on the spot, has already been released on bail by the another Co-ordinate Bench of this Court vide order dated 18.01.2019 in Crl. Misc. Bail Application Nos.1508 of 2019 copy of which has been produced during argument of this case, is taken on record. It is also submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has criminal history, which has properly been explained in para 10 of the affidavit accompanying bail application. Applicant is languishing in jail since 17.06.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.
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 applicant has no criminal history and also admitted that the case of the present applicant is identical to the case of Lal @ Yaseen, who has been enlarged on bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicant Mustaqeem involved in Case Crime No.399 of 2018, under Section 3/8 Cow Slaughter Act, Police Station Azzemnagar, District-Rampur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 26.7.2019/Pr/-