Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 319 of 2020, under Section 3/5/8 of U.P. Cow Slaughter Act, Police Station Simbhawali, District Hapur.
Brief submission of the counsel for the applicant is that the applicant is innocent and has been falsely implicated in the case and, in fact, no recovery of cow meet, as alleged by the prosecution, has been made either from the possession of the applicant or at his pointing out, and the allegation of the alleged recovery has been made just to make out a case against the applicant for the purpose of harassment. Moreover, there is no independent witness of the alleged recovery. He further submits that neither the applicant has committed any such offence as alleged by the prosecution nor there is any credible evidence regarding his complicity in the alleged offence. He further submitted that there is nothing on record to demonstrate or to say conclusively that if the applicant is enlarged on bail, it would, in any way, affect the trial of the case and there is no possibility of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence or witnesses. He further submitted that in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is also contended that the applicant is in jail for a considerably period of time and has no criminal history, and this fact has not been disputed by the learned AGA.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant Rohtash @ Sher Mohammad involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
4. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
5. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 12.1.2021 vinay