Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23046 of 2019 Applicant :- Riyasat Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard Sri Atul Kumar, 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 Riyasat, who is involved in Case Crime No. 95 of 2019, under Sections 3, 5A, 8 Prevention of Cow Slaughter Act, 1955 (U.P.), Police Station- Kakrauli, District- Muzaffar Nagar.
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 not been arrested on the spot to do any act that has been prohibited by the law of cow slaughtering. 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 19.04.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail he will not misuse the liberty of bail. Lastly, it is also submitted that co-accused Mohd. Javed has already been enlarged on bail vide order dated 28.05.2019 passed by this Court in Crl. Misc. Bail Application No. 22366 of 2019. 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.
Per contra learned A.G.A. has opposed the bail prayer of the applicant but 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, Riyasat, 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