Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24930 of 2019 Applicant :- Savez And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material placed on record.
This bail application has been preferred by the accused- applicants, who are involved in Case Crime No. 489 of 2019, under Section- 3/5/8 of Cow Slaughter Act, Police Station- Kotwali City, District- Muzaffar Nagar.
As per FIR version on 29.05.2019, mukhbir has informed the police that five persons including the applicants are slaughtering the cow and if the police tries, they will be arrested. On this information, the police reached the spot and arrested three persons including the applicants and the other two persons have been escaped. From their possession 160 kg beef and other external body parts has been recovered.
Learned counsel for the applicants submits that applicants are innocent and have falsely been implicated in this case. Nothing has been recovered from the possession of the applicant and the alleged recovery has been made on false basis. The prosecution has failed to prove the alleged recovery because there is no public witness present at the time of recovery. The entire FIR is based on false and concocted facts and has been lodged due to ulterior motive only to harass the applicants.
Learned A.G.A has vehemently opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, without expressing any opinion on the merits of the case, I find it a fit case for bail.
Let the applicants- Savez and Parvez, involved in the aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. They shall cooperate in the trial bonafidely without seeking adjournments.
3. They 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 applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 20.6.2019 Rohit