Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31962 of 2019 Applicant :- Nuruddin And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajiv Sisodia,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard learned counsel for the applicants, learned A.G.A. for State and perused the record.
Learned counsel for the applicants contended that the applicants are innocent and have been falsely implicated in the present case. Applicants are not named in F.I.R. The alleged recovery of incriminating material from the possession of applicants, is totally false, fabricated and concocted. The applicants have no concerned with the alleged recovery. There is a criminal history of one case against applicants Nuruddin and Nasim in which both applicants are on bail, bail order is filed at Annexure- 3 to the affidavit. The applicants undertake that they will not misuse the liberty of bail. The applicants are in custody since 23.06.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicants.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail.
Let the applicants Nuruddin, Nasim and Arif be released on bail in Case Crime No. 121 of 2019, under section 3/5A/8 of the U.P. Prevention of Cow Slaughter Act 1955, Police Station - Rajabpur, District- Amroha on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicants will not tamper with prosecution evidence.
(ii) The applicants will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.
Accordingly, the instant bail application is allowed. Order Date :- 21.8.2019/Sharad/-