Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23414 of 2019 Applicant :- Sajid Opposite Party :- State Of U.P.
Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Siddhartha Varma,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved on behalf of the applicant, Sajid, who is involved in Case Crime No. 151 of 2019, under Sections 3/5/8 of the Cow Slaughter Act, P.S. Chilkana, District Saharanpur.
Learned counsel for the applicant has submitted that at the time of recovery there was no independent witness present. Further, it is not clear as to from whose possession the alleged beef was recovered. Learned counsel for the applicant further submitted that no useful purpose would be served by keeping the applicant behind the bars. It is lastly contended that the applicant has no other criminal history and is in jail since 7.5.2019 and if he is released on bail, there would be no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
On the other hand, learned A.G.A. opposed the prayer for bail.
Upon hearing the learned counsel for the applicant and upon perusal of the record and considering the complicity of accused, severity of punishment as well as totality of facts and circumstances, at this stage without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant, Sajid, be released on bail in Case Crime No. 151 of 2019, under Sections 3/5/8 of the Cow Slaughter Act, P.S. Chilkana, District- Saharanpur, on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the Magistrate / Court concerned, subject to the following conditions:
(i) The applicant will not tamper with the prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
(ii) The applicant will abide by the orders of the court and will attend the court on every date. He will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the conditions mentioned above, the court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 25.6.2019 praveen.