Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24937 of 2019 Applicant :- Pervez Opposite Party :- State Of U.P. Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State.
This is a bail application on behalf of the applicant Pervez in connection with Case Crime No. 306 of 2019 under Sections 3/5/8, Prevention of Cows Slaughter Act & Section 11 of the Animal Cruelty Act Police Station Ganj, District Rampur.
Learned counsel for the applicant submits that the applicant has been falsely implicated in this case. It is further submitted that three persons were named in the FIR and one of them, namely, Shoaib has been granted bail. Learned counsel has submitted that the applicant is in jail since 25.4.2019 and he is having no criminal history. It has further been submitted by the learned counsel that the offence is triable by the court of Magistrate.
Learned AGA has opposed the bail application.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Pervez involved in Case Crime No. 306 of 2019 under Sections 3/5/8, Prevention of Cows Slaughter Act & Section 11 of the Animal Cruelty Act Police Station Ganj, District Rampur be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 20.6.2019 Nadeem Ahmad