Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55614 of 2019 Applicant :- Sageer Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Rakesh Pati Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Rakesh Pati Tiwari, learned counsel for the applicant; as well as Sri Ankit Shrivastav, learned AGA for the State and perused the material placed on record.
3. The instant bail application has been filed on behalf of the applicant - Sageer Ahmad with a prayer to release him on bail in Case Crime No. -424 of 2019, under Sections -3/5/8 U.P. Prevention of Cow Slaughter Act, 1955 and 307 I.P.C. and Section 11 Animal Cruelty Act, Police Station - Baheri, District -Bareilly, during pendency of trial.
4. Having heard learned counsel for the parties, at present:
(i) the applicant is accused of attempt to commit murder and offence under the Prevention of Cow Slaughter Act, punishable with imprisonment of ten years;
(ii) against FIR lodged on 02.06.2019, the applicant is in confinement since 21.10.2019;
(iii) the applicant claims to have cooperated in the investigation, however, there is some delay in the arrest;
(iv) as to criminal history, it has been explained by means of the supplementary affidavit that the applicant has been falsely implicated in other cases wherein he has already been enlarged on bail, however, the applicant has never been convicted;
(v) though investigation is stated to be pending however, at present, no justifiable cause has been shown to continue the detention of the applicant for an indefinite period;
(vi) on prima facie basis, only for purpose of grant of bail, it has been submitted that the applicant was not assigned any specific role. The main accused Jalees Ahmad as also the other accused Khateek Ahmad have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.36589 of 2019 & 49248 of 2019 vide orders dated 17.09.2019 & 14.11.2019 respectively;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial or intimidate the witnesses.
5. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the 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:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the investigation/trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
6. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
7. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.12.2019 S.Chaurasia