Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35902 of 2018 Applicant :- Saddam And 2 Others Opposite Party :- State Of U.P.
Counsel for Applicant :- Sanjay Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against four accused persons namely, Sadab, Saddam, Umar and Nafees alleging that on 15.6.2018 50 kg. beef was recovered from the place of occurrence. All named accused persons fled away from the place of incident.
Learned counsel for the applicants submitted that applicants are languishing in jail since 31.8.2018 (Twenty four days); having no criminal history; there is no independent witness against the applicants. Nothing was recovered from the possession of applicants. The applicants are innocent and have been falsely implicated in the present case and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant and admitted that the applicants have no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Saddam, Saeed and Nadeem involved in Case Crime No. 254 of 2018, under Section 3/5-ka/8 of U.P. Cow Slaughter Act and 11 of Prevention of Cruelty to Animals Act, P.S. Thakurdwara, District Moradabad be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 24.9.2018 OP