Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36201 of 2018 Applicant :- Sanjay And 6 Others Opposite Party :- State Of U.P. Counsel for Applicant :- Sunil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against seven accused persons namely, Ikram, Rahees, Rijwan, Babu, Sharif, Sanjay and Nasim alleging that on 4.8.2018 they were arrested by the police and recovered 35 alive cows and 10 alive oxes.
It is submitted by learned counsel for the applicants that recovery is false and planted. There is no evidence to connect the applicants with the present matter. In another case 50 same animals were released in favour of applicant Babu. There is no independent witness against the applicants. Offence under Section 3/5/8 C.S. Act was not made out against the applicants. No weapon relating to slaughtering was recovered from the possession of applicants. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 5.8.2018 (more than one and half months) having no criminal history except accused Babu and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have no criminal history except accused Babu.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion 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 applicants Sanjay, Iqram, Rahis, Rizwan, Babu, Sharif and Naseem involved in Case Crime No. 115 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act and Section 7 & 11 Pashu Krurata Niwaran Adhiniyam and Section 323, 504, 506, 379 IPC, P.S. Pisawa, District Aligarh be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 A. Singh