Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4105 of 2019 Applicant :- Sarik Opposite Party :- State Of U.P.
Counsel for Applicant :- Phool Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Sarik seeking bail in Case Crime No. 547 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 353 IPC and Section 7 of Criminal Law Amendment Act, Police Station Kotwali, District Fatehpur.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case on account of ulterior motive.
Learned counsel for the applicant has submitted that FIR has been lodged against as many as nine named persons including the applicant and 2-3 unknown persons. The applicant has not been arrested on the spot by the police and no recovery whatsoever has been made from his possession or on his pointing out.
Learned counsel for the applicant has next submitted that similarly placed co-accused Hafeez has already been granted bail by this Court in Criminal Misc. Bail Application No. 29448 of 2018 vide order dated 13.08.2018.
his credit and he is in jail since 07.01.2019 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA for the State has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sarik be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.