Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36417 of 2018 Applicant :- Nasir Opposite Party :- State Of U.P. Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed today 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 three accused persons namely, Vishal, Tasleem and Nasir alleging that on 31.5.2018 they were arrested by the Police personnel and one quintal beef and instrument relating to slaughtering were recovered.
Learned counsel for the applicant submitted that applicant is languishing in jail since 31.5.2018 (near about four months); having no previous criminal history. Co-accused namely Tasleem has already been granted bail by this Court vide order dated 17.9.2018 in Criminal Misc. Bail Application No. 24763 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. He has been falsely implicated; there is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent 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 Nasir involved in Case Crime No. 387 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Shahabad, District Rampur 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 :- 25.9.2018 A. Singh