Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29993 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.
Supplementary affidavit filed on behalf of the applicant is taken on record.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that neither the applicant was apprehended on the spot nor any incriminating articles were recovered from the possession of the applicant. It is also submitted by the learned counsel for the applicant that the alleged recovery of beef and other incriminating articles is false, fabricated and concocted. In fact, no such recovery was effected from the possession of the applicant. Learned counsel for the applicant submits that the applicant has no concern with the alleged recovery. There is no public witness of the alleged recovery. It is also submitted by the learned counsel for the applicant that co-accused of the case, namely, Haseeb, who was apprehended on the spot and similarly placed co-accused Yaseen, who was not apprehended on the spot, have been granted bail by co-ordinate Bench of this Court vide orders dated 13.03.2012 and 23.06.2017 in Criminal Misc. Bail Application Nos. 5814 of 2012 and 20801 of 2017 respectively. Learned counsel for the applicant next submitted that criminal history or the applicant has been properly explained in paragraph 2 of the supplementary affidavit. Lastly, it is contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The 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.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Mustaqeem, involved in case crime No. 356 of 2012, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act PS Tanda, 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Sazia