Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29536 of 2019 Applicant :- Rais Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Naushad,Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 187 of 2019, under Section 3/5/8 of Cow Slaughter Act and Section 3/11 of Prevention of Cruelty to Animals Act, P.S. Nehtapur, District Bijnor with the prayer to enlarge the applicant on bail.
It has been argued by the learned counsel for the applicant that the applicant is a motorcycle mechanic and has been falsely implicated in this case; that there is no independent witness of the alleged recovery and that in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. It has been lastly argued that that the applicant is languishing in jail since 20.06.2019 having no criminal history.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that the applicant has no criminal history.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicant Rais involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial Court.
4. The applicant shall not commit an offence similar to the offence of which applicant is accused.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to approach the Court for cancellation of bail.
Order Date :- 31.7.2019 A. Tripathi