Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22352 of 2019 Applicant :- Rahimuddin Opposite Party :- State Of U.P.
Counsel for Applicant :- Manvendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Manvendra Singh, learned counsel for the applicant, Sri S.S. Tiwari, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Rahimuddin, who is involved in Case Crime No. 66 of 2019, under Sections 3/5/8 Cow Slaughter Act, Police Station - Sultanpur Ghosh, District-Fatehpur.
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 further submitted that alleged recovery of beef and other equipments is false, fabricated and concocted. It is next submitted by the learned counsel for the applicants that any parts of animal like, head, let etc. were not recovered from the place of occurrence. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that applicant has no concern with the alleged recovery and there is no independent or public witness of the alleged recovery. it is next submitted that there are 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 05.04.2019. He does not have any criminal history to his credit.
Lastly, it is also submitted that co-accused Mohd. Ahsan, Jaleel Ahmad, Ishaq Ahmad and Mohd. Mustqeem have already been enlarged on bail vide order dated 22.05.2019 passed by this Court in Crl. Misc. Bail Application No.21485 of 2019, (photo state copy of the bail order which has been produced during arguments is kept on record.) Therefore, the applicant is also entitled to be released on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
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 Rahimuddin 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 :- 30.5.2019/Pr/-