Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52688 of 2019 Applicant :- Nasrat Opposite Party :- State of U.P.
Counsel for Applicant :- Vivek Kumar Singh,Mayank Yadav Counsel for Opposite Party :- G.A
Hon'ble Ashok Kumar,J.
Supplementary affidavit, filed today, be taken on record.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The accused applicant is involved in Case Crime No.0348 of 2019, under Section 3/5/ 8 of the Prevention of Cow Slaughter Act, 1955 registered at Police Station Bhojpur, District Ghaziabad.
Learned counsel submits that the applicant has been falsely implicated in this case. There is nothing incriminating has been recovered from the possession of the applicant. It is further submitted that the present is exclusively triable by the Court of Magistrate. The applicant is in jail since 9.9.2019.
Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
Let the applicant Nasrat be released on bail in the aforementioned case crime number on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) 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 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 :- 28.11.2019 S.S.