Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23051 of 2019 Applicant :- Parvez Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the applicant, Sri J.K. Upadhayay, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Parvez, who is involved in Case Crime No. 63 of 2019, under Sections 5/8 Prevention of Cow Slaughter Act, Police Station- Bhot, District- Rampur.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It has been further submitted that the applicant has been named as an accused in the F.I.R. on the basis of the confessional statement of co-accused Saleem made by him before the police after his arrest along with 40 kg. beef on the spot, which is inadmissible in evidence. Neither any incriminating article has been found from the possession of the applicant nor on his pointing out. It is next submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 13.04.2019. In case, the applicant is released on bail he will not misuse the liberty of bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant on the ground that apart from the case in hand, the applicant is accused in another case namely Case Crime No. 237 of 2018 under Section 5/8 Prevention of Cow Slaughter Act. In reply learned counsel for the applicant submitted that the applicant has been granted bail in this said case.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Parvez, 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 with the following conditions:
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 31.5.2019 V.S.Singh