Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20511 of 2018 Applicant :- Nijakat Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Avanish Tripathi 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 co-accused Rahat Ali and Atar has been granted bail by this Court vide order dated 21.5.2018 passed in Criminal Misc. Bail Application No. 18853 of 2018. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. It is further submitted that applicant has no previous criminal history. He is languishing in jail since 4.4.2018. There is no possibility of applicant either fleeing away from the judicial process or tampering with the evidence. Applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, the fact that co-accused has already been released on bail by this Court 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 Nijakat Ali involved in Case Crime No. 78 of 2018 under Sections 3/5/8 Prevention of Cow Slaughter Act, P.S. Musajhag, District Budaun be released on bail on his 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 default of any of the conditions enumerated above, complainant is free to move an application for cancellation of bail before this Court.
Order Date :- 30.5.2018 ss