Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8646 of 2018 Applicant :- Saddam Opposite Party :- State Of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Umesh Chandra Tripathi,J.
Heard Sri R.P. Tiwari, learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 Cr.P.C. has been moved by the accused-applicant Saddam, who is involved in Case Crime No. 389 of 2017, under Section 3/5A/8 of Cow Slaughter Act and Section 11 of Animal Cruelty Act , Police Station - Amariya, District - Pillibhit.
As per prosecution version, on 16.11.2017 at about 08.00 A.M., the applicant was arrested by the police and from his possession, 50 kg. 'gaumans' (beef) was recovered.
Learned counsel for the applicant contended that the applicant has been falsely implicated in this case. No offence, whatsoever is made out against the applicant. Absolutely baseless and concocted allegations have been levelled against the applicant, who is innocent. Moreover, there is no public witness of the alleged recovery. The applicant is not a previous convict and he is languishing in jail since 16.11.2017.
Per contra, learned A.G.A. has opposed the prayer for bail.
Without commenting on the merits of the case, considering the facts and circumstances of the case, I find it a fit case for enlarging the applicant on bail.
Let the applicant - Saddam be released on bail in the aforesaid case crime number on furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned.
Accordingly, the instant bail application is allowed. Order Date :- 27.3.2018 I. Batabyal