Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23449 of 2019 Applicant :- Shahjad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
By means of this application the applicant Shahjad has prayed to release him on bail in Case Crime No.63 of 2019, u/s 5/8 Cow Slaughter Act P.S. Nanauta, District Saharanpur.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant has argued that the applicant is innocent and he has been falsely implicated in this very case crime number by alleging him to have fled from the spot whereas neither he was apprehended on the spot nor there was any recovery from him nor he is of criminal antecedents. The applicant is languishing in jail since 15.4.2019. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application but could not dispute the aforesaid fact.
Having heard counsel for both the parties and gone through the materials placed on record but without commenting on merit of the case, a case for bail is there.
Let the applicant Shahjad involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.6.2019 Rk