Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32064 of 2019 Applicant :- Nawab Opposite Party :- State Of U.P. Counsel for Applicant :- Ashish Singh Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Supplementary affidavit has been filed by learned counsel for applicant today in the Court, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The accused-applicant was not arrested on the spot. The alleged recovery from the possession of accused-applicant, is totally false, fabricated and concocted. There is no public witness of the alleged recovery. Co-accused Matin and Hasin have already been enlarged on bail by this Court vide order dated 07.08.2019 passed in Criminal Misc. Bail Application No. 31936/2019, copy of which has been produced for perusal. There are several cases against the applicant and in all cases, he is on bail which have been explained in supplementary affidavit. The applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 09.07.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicant Nawab be released on bail in Case Crime No. 154 of 2019, under section 3/5/8 of the U.P. Prevention of Cow Slaughter Act 1955, Police Station - Falawada, District- Meerut on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Accordingly, the instant bail application is allowed. Order Date :- 21.8.2019 Sharad/-