Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33514 of 2021 Applicant :- Saleem Khan Opposite Party :- State of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Supplementary affidavit, filed by the learned counsel for the applicant and short counter affidavit, filed by the learned A.G.A., are taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No. 88 of 2021, under Section 3/5/8 of Prevention of Cow Slaughter Act, P.S. Fatehganj Paschimi, District Bareilly, with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that accused-applicant is innocent and he has been falsely implicated in this case. As per prosecution version, after a police encounter, applicant and four co-accused persons were apprehended and recovery of five quintal beef was shown from them from the Santro car but the applicant is not the owner of said Santro Car. It was submitted that 40 kg of beef was also recovered from motorcycle but the applicant has no concern with the said motorcycle. It was further submitted that similarly placed co-accused Afsar, Jamshed Khan @ Bhura and Mohd, Farman have already been granted bail by co-ordinate Bench of this Court, copies of which have been brought on record. Lastly, it was submitted that the applicant is languishing in jail since 30.03.2021 and that in case, the applicant is enlarged on bail, applicant will not misuse the liberty of bail. The criminal history against the applicant has duly been explained.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Saleem Khan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 27.10.2021 A. Tripathi