Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31847 of 2019 Applicant :- Salman Opposite Party :- State Of U.P.
Counsel for Applicant :- Vinay Kumar Srivastava,Ansar Ahmad,Ansar Ah Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicant, learned A.G.A. for State and perused the material available on record.
Accused-applicant, involved in Case Crime No. 75 of 2019, under Section 3/5/8 of Cow Slaughter Act,1955 and 4/25 Arms Act, Police Station Jasrathpur, District Etah applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. Alleged recovery is false and fake. Applicant is in jail since 20.05.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail. Alleged offence is triable by Magistrate.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant and submitted that 300 Kg. boven meat has been recovered from a three-wheeler vehicle driven by applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant-Salman be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, applicant shall not indulge in any criminal activities or case.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
However, it is provided that Trial Court shall expedite and conclude the trial within one year from the date of production of certified copy of this order without granting unnecessary adjournment, if there is no legal impediment.
Order Date :- 30.9.2019 Akram