Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39645 of 2018 Applicant :- Shadab Opposite Party :- State Of U.P.
Counsel for Applicant :- Syed Shahnawaz Shah Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Shadab seeks bail in Case Crime No. 516 of 2018, under Section 3/5A, B of Cow Slaughter Act, Section 11 Animals to Cruelty Act and Section 429 IPC, P.S. Jani, District- Meerut.
Learned counsel for the applicant has submitted that the first information report was lodged against as many as four persons. However, the applicant has not been nominated in the first information report. Learned counsel for the applicant has further submitted that four persons namely, Shakil, Shahnawaj, Salim and Shahnaj were arrested on the spot and two quintals beef has been recovered from their possession. He has further submitted that the applicant has been falsely implicated in the present case on account of ulterior motive and he has no criminal history to his credit. Learned counsel for the applicant has further submitted that the applicant is in jail since 14.7.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means.
Learned counsel for the applicant has further submitted that co-accused Shakil, who was arrested on the spot, has already been granted bail by this Court in Criminal Misc. Bail Application No. 33764 of 2018 vide order dated 28.9.2018.
Learned AGA has opposed the prayer for bail, but could not dispute the fact that the applicant is in jail since 14.7.2018 and he has not been nominated in the first information report and he has no criminal history and co- accused has already been granted bail by this Court.
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 applicant Shadab 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.
Order Date :- 12.10.2018 KU