Court No. - 27
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32133 of 2018 Applicant :- Pappu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against owner of Vehicle No.U.P.78 CN 3467 alleging that on 3.3.2018, 33 Ox were recovered.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 27.6.2018 (more than four months) having no criminal history. There is no allegation of slaughtering. No offence of slaughtering is made out. There is no independent witness. The applicant is innocent and has been falsely implicated in the present case and 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that the applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, and without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Pappu & Tanveer, involved in Case Crime No.98 of 2018, under Sections 3/5-A/8 U.P.Prevention of Cow Slaughter Act & 11 Prevention of Cruelty to Animals Act, P.S. Saurikh,District Kannauj, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which he is suspected.
5. The applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 31.10.2018/SKD