Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38217 of 2019 Applicant :- Naushad And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Shish Ram,Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicants, learned counsel for the informant as well as learned A.G.A. appearing for the State.
This application under Section 438 Cr.P.C. has been moved by Naushad and Saddam @ Raju, in Case Crime No. 80 of 2019, under Sections 3/5A/8 Cow Slaughter Act and Section 11 Animal Cruelty Act, P.S. Gahmar, District Ghazipur.
Learned counsel for the applicants argued that the applicants are innocent. They have been falsely implicated in this very case crime number wherein neither they were apprehended on spot nor there was any recovery from them. Their name has been brought on the basis of statement made by co-accused, who has been enlarged on bail by Special Judge, E.C. Act, on 5.8.2019. Hence, this anticipatory bail has been prayed for.
Learned learned A.G.A. opposed the prayer for bail.
Having heard learned counsels for both sides and gone through nature and veracity of accusation, criminal antecedents of applicant, possibility of applicants' to flee from course of justice, a case for grant of anticipatory bail till filing of police report under Section 173(2) is made out.
In the event of arrest of the applicants Naushad and Saddam @ Raju, involved in Case Crime No. 80 of 2019, under Sections 3/5A/8 Cow Slaughter Act and Section 11 Animal Cruelty Act, P.S. Gahmar, District Ghazipur, shall be released on bail till the submission of police report if any under section 173 (2) Cr.P.C. before the competent Court on their furnishing a personal bond of Rs. 30,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions.
(i) the applicants shall make themselves available for interrogation by a police office as and when required;
(ii) 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 him from disclosing such facts to the Court or to any police office;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the S.S.P./S.P. concerned.
(iv) The applicants shall not tamper with the evidence.
In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants.
The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant.
The applicants are directed to produce a certified copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
Order Date :- 26.9.2019 Kamarjahan