Court No. - 7
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23872 of 2019 Applicant :- Sed Anhahed Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 91 of 2019, under Sections 3/8 Cow Slaughter Act,and under section 3/11-Gha, Animals Cruelty Act P.S Sarsawa, District Saharnpur with the prayer to enlarge the applicant on bail.
The contention as raised at the bar by the learned counsel for the applicants is that the applicants have been falsely implicated in the present case; that infact no such slaughtering has taken place. Neither any incriminating article has been recovered from the possession of the applicants or on their pointing out nor the applicants were apprehended on the spot; that in case they are released on bail, they will not misuse the liberty of bail and will cooperate in the trial and that they are languishing in jail since 2.5.2019, having no criminal history.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
Let the applicants Shaheed and Yamin involved in the aforesaid crime be released on bail on furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence.
(ii) The applicants shall not pressurize the prosecution witnesses.
(iii) The applicants shall appear on the date fixed by the trial Court
(iv) The applicants shall not commit an offence similar to the offence of which applicants are accused, or suspected of the commission, of which applicants is suspected.
(v) 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 temper with the evidence.
In case of default of any of the conditions enumerated above, it would be open to the prosecution to move for cancellation of bail.
Order Date :- 10.6.2019 Rk