Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25065 of 2019 Applicant :- Niyamat Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant seeking bail in Case Crime No. 158 of 2019, under Sections 3, 5 and 8 of U.P. Prevention of Cow Slaughter Act, Police Station Behat, District Saharanpur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case due to village party bandi. He further submitted that the alleged recovery of beef from the possession of the present accused is totally false and fake. Offence is triable by the Magistrate. He further submitted that there is no independent witness of the alleged incident. He further submitted that applicant is in jail since 17.5.2019 and in case, he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Per contra, learned AGA has vehemently opposed the prayer for grant of bail to the applicant.
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 merits of the case, I am of the view that the applicant has made out a case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Niyamat Ali 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 subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 21.6.2019 Mini