Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24719 of 2019 Applicant :- Saeed Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Learned counsel for the applicant has filed supplementary affidavit today which is taken on record annexing the bail orders of co-accused.
Applicant- Saeed Khan seeks bail in Case Crime No. 225 of 2019, under Sections 3/5/8 of Cow Slaughter Act , Police Station Kant, District Shahjahanpur.
Heard learned counsel for the applicant and learned AGA for the State.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case; submission is that co-accused having similar role, have already been granted bail by co-ordinate Bench of this Court vide CRL. MISC. BAIL APPLICATION No. 24143 of 2019 and 24178 of 2019 to Mohd. Iliyas @ Guddu and Tauhid Khan by orders dated 13.6.2019. It has been further submitted that applicant is in jail since 14.4.2019 having no other criminal history to his credit.
Bail has been opposed by learned AGA on behalf of the State but has not disputed the factum of parity as claimed by the learned counsel for the applicant.
The points pertaining to nature of accusation, severity of punishment, reasonable apprehension of tampering the witnesses, prima facie, satisfaction regarding proposed evidence and genuineness of the prosecution case were duly considered.
Without expressing any opinion on the merits of the case, let the above mentioned applicant involved in aforesaid crime be released on bail on his 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 applicant shall not tamper with the prosecution evidence, shall cooperate in the investigation or trial and will not indulge in any criminal activity or commission of any crime after being released on bail.
2. 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.6.2019 Shahid