Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52882 of 2019 Applicant :- Shah Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Sajiya Parveen,Shadab Ali Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The accused applicant is involved in Case Crime No. 0098 of 2019, under Section 3/5//8 of the Prevention of Cow Slaughter Act, 1955 and Section 11Gha Prevention of Cruelty to Animal Act registered at Police Station- Kaushambi, District- Kaushambi.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. Applicant is in jail since 02.10.2019. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicant.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence and without expressing any opinion on merits, this Court finds it to be a fit case for bail. Accordingly, the bail application stands allowed.
Let the applicant Shah Alam in connection with Case Crime No. 0098 of 2019, under Section 3/5/8 of the Prevention of Cow Slaughter Act, 1955 and Section 11Gha Prevention of Cruelty to Animal Act registered at Police Station- Kaushambi, District- Kaushambi be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses.
iii) The applicant shall appear on the date fixed by the trial court.
v) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicant 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
In case of default of any of the conditions enumerated above, the complainant would be free to move an application for cancellation of bail before this Court.
Order Date :- 29.11.2019 SK Srivastava