Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33733 of 2019 Applicant :- Nanhey Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The accused-applicant was not arrested on the spot. The incriminating material has been recover from the possession of accused-applicant, is totally false, fabricated and concocted. The applicant has no concerned with the alleged recovery. Co- accused Akram and Akbar Ali have already been enlarged on bail by this Court vide order dated 31.07.2019 passed in Criminal Misc. Bail Application Nos. 30718/2019 & 30740/2019, copies of which have been collectively annexed as Annexure-2 to the affidavit. The applicant has no other criminal history and the applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 20.07.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Nanhey be released on bail in Case Crime No. 271 of 2019, under section 3/5/8 of the U.P. Prevention of Cow Slaughter Act 1955, Police Station - Milak, District- Rampur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed. Order Date :- 26.8.2019/Sharad/-