Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29767 of 2019 Applicant :- Niyamtulla And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Rahul Mishra,Lal Chandra Mishra Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Lal Chandra Mishra, learned counsel for the applicants as well as Mr. Sushil Kumar, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicants that the alleged recovery of 30 Kgs of beef and other incriminating articles from the possession of the applicants is false, fabricated and concocted. In fact, no such recovery was effected from the possession of applicants. Learned counsel for the applicants submits that the applicants have no concern with the alleged recovery. There is no public witness of the alleged recovery. It is next contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since 20.06.2019. They do not have any criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case, the applicants are released on bail, they will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicants Niyamtulla and Mohd. Hasim, involved in case crime No. 247 of 2019, under sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act PS Khaga, District Fatehpur, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 25.7.2019 Sazia