Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15121 of 2021 Applicant :- Sahroz Opposite Party :- State of U.P.
Counsel for Applicant :- Raghuvansh Chandra,Ram Jee Saxena Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chand,J.
Heard learned counsel for applicant(s), learned A.G.A. and perused the record.
This bail application has been preferred by the accused- applicant(s), Sahroz, who is involved in Case Crime No. 29 of 2021, under Section 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, P.S.- Kithore, District- Meerut .
Learned counsel for the applicant(s) in support of his prayer for bail submits that the applicant(s) is innocent and he has been falsely implicated in the present case. It is further submitted that there is no independent witness of the alleged recovery. Nothing incriminating article has been recovered from the possession of the applicant. Alleged recovery is false and so far as the criminal history is concerned the same has been explained in para-13 of the affidavit filed in support of this bail application and has been languishing in jail since 30.01.2021.
On behalf of State bail has been opposed.
The alleged beef and the apparatus used in alleged slaughtering are shown to be recovered from a house. Admittedly, no statement has been recorded of the persons from whose house the alleged beef is recovered. Admittedly, no sample was taken of the alleged beef to ascertain that it was beef or not.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant(s), Sahroz, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicant(s) shall not indulge in any criminal activity.
(ii) The applicant(s) shall not tamper with the prosecution evidence.
(iii) The applicant(s) shall not pressurize the prosecution witnesses.
(iv) The applicant(s) shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, liberty is given to the trial court to cancel the bail of the applicant(s) without any reference to this Court.
Order Date :- 8.4.2021 PS