Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56148 of 2019 Applicant :- Nanhu And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Satya Prakash Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
Accused-applicants, involved in Case Crime No. 171 of 2019, under Section 3/5A/8, Prevention of Cow Slaughter Act, 1955 and Section 11 of Animal Cruelty Act, Police Station Saraimir, District Azamgarh, applied for bail.
Learned counsel for the applicants submits that applicants have been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicants committed no offence. A false and fabricated story has been set up by the police. Applicant no. 1 is in jail since 19.10.2019 and applicant no. 2 is in jail since 04.11.2019. It is further submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicants in jail, severity of punishment in case of conviction, alleged recovery from the possession of the applicant and without commenting upon the merit of the case, applicants deserves bail.
Accordingly, bail application is allowed.
Let applicants- Nanhu and Mattar be released on bail in the aforesaid case crime on their furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
i) The applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
v) The applicants shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission.
v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 17.12.2019 SK Srivastava