Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30447 of 2019 Applicant :- Noor Opposite Party :- State Of U.P.
Counsel for Applicant :- Punita Pandey,Shweta Pandey Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 475 of 2019, under Section 3/5/8 of Cow Slaughter Act from P.S. Deedoli, District Amroha with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicant is that the applicant has been falsely implicated in the present case; As per prosecution version in the alleged incident only 20 kg beef was shown recovered. It is argued by the learned counsel for the applicant that applicant was not arrested on the spot, and that co-accused Khursheed, who was arrested on the spot has already been granted bail. The applicant is in judicial custody since 05.05.2019.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Noor involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicants shall not pressurize the prosecution witnesses.
3. The applicants shall appear on the date fixed by the trial Court.
4. The applicants shall not commit an offence similar to the offence of which applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 Sachin