Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15537 of 2018 Applicant :- Sahabaz And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicants that co- accused Firoz and Nanha Dil have been granted bail by this Court on 09.04.2018 and 23.04.2018 vide Criminal Misc. Bail Application Nos. 12567 of 2018 and 14748 of 2018. He further submits that since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. The applicants have no criminal history and are in jail since 20.02.2018.
On the other hand, learned AGA opposed the prayer for bail.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused have already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let the applicants Sahabaz and Nasir @ Budhan involved in Case Crime No. 813 of 2017, under Sections 3/5/8 of Cow Slaughter Act and 11 U.P. Prevention of Animal Cruelty Act, P.S. Ganj, District Rampur be released on bail on furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions. Further before issuing the release order, the sureties be verified.
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 they are 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 him 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 complainant is free to move an application for cancellation of bail before this court.
Order Date :- 26.4.2018 Sanjeet