Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33380 of 2019 Applicant :- Salim Opposite Party :- State Of U.P.
Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Arun Kumar Sharma, learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case.
F.I.R. has been lodged against accused applicant and two other co-accused namely Kallu and one unknown person. The alleged recovery has been planted against the applicant is a false and fabricated. The alleged recovered material has not been examined. The applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 16.06.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, gravity of offence, without expressing any view on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant- Salim be released on bail in Case Crime No.464 of 2019 under section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, P.S. Kotwali, District- Mainpuri on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and 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 court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 26.8.2019 Rahul.