Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6828 of 2018 Applicant :- Smt Sameena Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Mani Shukla 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-Smt Sameena seeks bail in Case Crime No. 07 of 2018 under Sections 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, 1955 Police Station Saroorpur District Meerut during the pendency of trial.
As per prosecution case, on 11.01.2018, the police received an information to the effect that five persons were engaged in slaughtering of male cow. On raid, three persons were arrested on the spot with the pieces of male cow while two other accused persons managed to flee away.
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 contended that no incriminating articles have been recovered from the possession of the applicant. The case is triable by the Magistrate. The applicant is languishing in jail since 11.01.2018 and in case she is released on bail, she 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 Smt Sameena 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