Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11653 of 2021 Applicant :- Sarvesh Dhanuk Opposite Party :- State of U.P.
Counsel for Applicant :- Santosh Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
It is contended by learned counsel for the applicant that the applicant is neither owner nor driver nor cleaner of the truck. It is further contended that the alleged recovery has not been made from the personal possession or property of the applicant. It is also contended that there is no independent witness of the alleged recovery and the recovery is false. It is next contended that the applicant is a poor labourer, he has no criminal history and he has been falsely implicated in this case. It is further contended that the applicant is in jail since 16.12.2020 and if he is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Perused the first information report as well as averments made in the application..
Without expressing any opinion on the merits of the case and considering the facts and circumstances of the case, let the applicant- Sarvesh Dhanuk, involved in Case Crime No. 214 of 2020, under Sections 420, 429, 467, 468 I.P.C., 11 Animals Cruelty Act and 3/5A/8 Cow Slaughter Act, P.S. Malwan, District Fatehpur be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of court concerned subject to the conditions that he:
1. shall appear on the date fixed by the trial court;
2. shall not tamper with the prosecution evidence; and,
3. shall not pressurize the prosecution witnesses.
In case of default of any of the aforesaid conditions, this bail order shall automatically stand cancelled.
Order Date :- 5.4.2021 SKT/-