Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29749 of 2019 Applicant :- Shabbir Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Som Dev Dixit, holding brief of Sri Ram Kumar Dubey, learned counsel for the applicant, Sri B.B. Upadhayay, learned A.G.A. for the State and perused the record.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It is further submitted that recovery of 50 beef has been shown from the possession of the applicant is false, fabricated and concocted. In fact no such recovery has been effected from the possession of the applicant. It is also submitted that there is no independent or public witness of the alleged recovery. It is next submitted that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant has criminal history, which has properly been explained in para No.7 of the affidavit, accompanying bail application and he is languishing in jail since19.06.2019. In case, the applicant is released on bail he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merits of the case let the applicant Shabbir involved in Case Crime No.121 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station-Dilari, District-Moradabad, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 25.7.2019 Pr/-