Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17832 of 2018 Applicant :- Nadim Gaddi Opposite Party :- State Of U.P.
Counsel for Applicant :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by 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 six accused persons namely, Nadeem, Munni, Fatma, Salim, Bhai-Pappu and Islakh alleging that on 7.1.2018, Nadeem, Munni and Fatma were arrested by the Police personnel with five quintal and 50 kg. beef. Other accused persons fled away from the place of incident.
Learned counsel for the applicant submitted that applicant is languishing in jail since 7.1.2018 (about eight months); having no criminal history; he has been falsely implicated; co-accused- Munni and Fathima have been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 12150 of 2018, vide order dated 4.4.2018; the case of the applicant is identical to the case of co-accused who have been enlarged on bail, hence the applicant is also entitled for bail on the ground of same benefit; there is no independent witness against the applicant; the Police has planted the recovery to show his good work only 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.
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 Nadim Gaddi involved in Case Crime No. 09 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Animals Cruelty Act, P.S. Kotwali, District Budaun 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 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 court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 OP