Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15323 of 2018 Applicant :- Nazim Opposite Party :- State Of U.P.
Counsel for Applicant :- Urmila Shukla,Akhilesh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Recovery is false and planted. There is no independent witness of the said recovery. It was further argued that initially in the year 2013 when the accused was implicated in this case and arrest was made he was released on bail by the police station concerned. Thereafter on submission of charge sheet he surrendered before the court below and is in jail since 6.3.2018.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Nazim involved in Case Crime No. 41 of 2013, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Jahanabad, District - Fatehpur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 25.4.2018 Sachdeva