Court No. - 4
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22929 of 2019 Applicant :- Saajid Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Bala Krishna Narayana,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused- applicant Saajid who is involved in Case Crime No. 49 of 2019, under Sections 3/5/8 Cow Slaughter Act and 11 Prevention of Animal Cruelty Act, Police Station - Kundarki, District- Moradabad.
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 niether applicant was apprehended on the spot nor any incriminating article was recovered from the possession of the applicant. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that a false recovery of dead cow and animals have been shown from the possession of the applicant and there is no independent or public witness of the alleged recovery. It is next submitted that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 30.4.2019. He does not have any criminal history to his credit. Lastly, it is also submitted that co-accused Tauseef @ Taufeeq and Bahrey Alam have already been enlarged on bail vide order dated 29.5.2019 and 22.5.2019 passed by this Court in Crl. Misc. Bail Application Nos.22547 of 2019 and 21532 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 by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
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, Saajid, 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 Shalini