Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22958 of 2019 Applicant :- Naushad Opposite Party :- State Of U.P. Counsel for Applicant :- Amit Rana Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Amit Rana, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Naushad, who is involved in Case Crime No.84 of 2019, under Sections 3/5-Ka/8 Cow Slaughter Act, Police Station - Kotwali Dehat, District-Bijnor.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It has further submitted that a alleged recovery of 50 Kgs. beef and other equipment for weighing have been shown from the possession of the applicant, which are false, fabricated and concocted. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that there is no independent or public witness of the alleged recovery. it is next submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 27.4.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail. Lastly, it is also submitted that co-accused Asif has already been enlarged on bail vide order dated 28.5.2019 passed by this Court in Crl. Misc. Bail Application No.22259 of 2019. Therefore, the applicant is also entitled to be released on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Naushad, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 Shalini