Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28066 of 2018 Applicant :- Naiyab And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Krishna Dutt Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against three accused persons namely, Khurshid, Naiyab and Charkaniya alleging that on 12.5.2018 accused Khurshid was arrested by the police with two oxes, some instruments for slaughtering and accused Naiyab and Charkaniya fled away from the place of occurrence.
It is submitted by learned counsel for the applicants that recovery is false and planted. There is no evidence to connect the applicants with the present matter. Applicants were not arrested on the spot. There is no independent witness against the applicants. Nothing was recovered from the possession of applicants. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 6.6.2018 (more than one and half months) applicant no. 1 have no criminal history and criminal history of applicant no. 2 has been properly explained and in case they are released on bail, they 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 applicants.
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 applicants Naiyab and Charkaniya alias Minajul involved in Case Crime No. 242 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act & Section 11 Animal Cruelty Act, P.S. Hayatnagar, District Sambhal be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 27.7.2018 A. Singh