Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49099 of 2017 Applicant :- Saleem Alias Saleemuddin And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Tawvab Ahmed Khan 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.
Submission of the learned counsel for the applicants is that recovery is false, planted and is not supported by any independent witness. It is further submitted that the applicants are innocent and have falsely been implicated in the present case. They were not arrested on the spot. Cases shown in the criminal history have been planted after arrest of the applicants in this matter. The applicants are in jail since 12.10.2017.
On the other hand, learned A.G.A. opposed the prayer for bail.
Keeping in view the nature of the offence, provision for initiation of cases and release of the accused in U.P. Cow Slaughter Act, 1955, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicants Saleem @ Saleemuddin and Faheem @ Furqanuddin involved in Case Crime No. 776 of 2017, under Sections 3/8 of U.P. Prevention of Cow Slaughter Act, 1955, P.S. Sambhal, District Sambhal be released on bail on furnishing a personal bond and 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 he is 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 :- 24.4.2018 VR