Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7058 of 2018 Applicant :- Salman Opposite Party :- State Of U.P.
Counsel for Applicant :- Bijai Prakash Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Salman seeks bail in Case Crime No. 26 of 2018 under Sections 3/5A/8 of Cow Slaughter Act, Section 11 Prevention of Animal Cruelty Act and Section 429 I.P.C. Police Station Adalhat District Agra during the pendency of trial.
As per prosecution case, on 28.01.2018, the applicant along with three other persons was arrested on the spot. The police recovered 16 live oxen and one dead oxen from the truck of the applicant.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to enmity. It is next submitted that the applicant is only a helper in the truck. He is nowhere involved in the aforesaid crime. It is further submitted that co-accused- Kallu has already been granted bail by this Court on 21.03.2018. The applicant is languishing in jail since 28.01.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Salman involved in the aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 Sumit S