Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30170 of 2019 Applicant :- Rizwan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr.Santosh Kumar Shukla, learned counsel for the applicants as well as Mr. J.P. Gupta, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicants that neither the applicants were apprehended on the spot nor any incriminating articles were recovered from the possession of the applicants. It is also submitted by the learned counsel for the applicants that the alleged recovery of beef and other incriminating articles is false, fabricated and concocted. In fact, no such recovery was effected from the possession of applicants. Learned counsel for the applicants submits that the applicants have no concern with the alleged recovery. There is no public witness of the alleged recovery. It is also submitted by the learned counsel for the applicants that similarly placed co- accused Raheesh Mota has been granted bail by co-ordinate Bench of this Court vide order dated 31.05.2019 in Criminal Misc. Bail Application No. 22996 of 2019 and co-accused Bhura alias Layeek and Aamir have been granted bail by this Court in Criminal Misc. Bail Application No. 28378 of 2019 vide order dated 17.07.2019. Learned counsel for the applicants next submitted that applicant no. 1, Rizwan does not have any criminal history to his credit and criminal history of applicant No. 2, Farman has been properly explained in paragraph 14 of the affidavit filed in support of the bail application. It is lastly contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since 17.06.2019. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case, the applicants are released on bail, they will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicants Rizwan and Farman, involved in case crime No. 459 of 2018, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act PS Kotwali Auraiya, District Auraiya, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 30.7.2019 Sazia