Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41078 of 2018 Applicant :- Raees @ Chhannu Opposite Party :- State Of U.P. Counsel for Applicant :- Arvind Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Raees @ Chhannu bail in Case Crime No.314 of 2018, under Sections 379, 429, 153A I.P.C. and 7 Criminal Law Amendment Act, 1942 and under Section 3/5a/8 Cow Slaughter Act & 11 Animal Cruelty Act, 1960, P.S. Mughalsarai, District- Chandauli.
According to the prosecution case, the first information report was lodged against unknown persons on 26.07.2018.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case on account of ulterior motive and he has no criminal history to his credit.
Learned counsel for the applicant has next submitted that similarly placed co-accused, namely, Nafis @ Rinku has already been granted bail in Criminal Misc. Bail Application No.35301 of 2018 vide order dated 18.09.2018 passed by this Court.
Learned counsel for the applicant has further submitted that the applicant is in jail since 29.07.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from the judicial process and tampering with the evidence.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Raees @ Chhannu 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 subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018 cks