Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18041 of 2019 Applicant :- Shahnawaz @ Shappu Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Vikrant Gupta, learned counsel for the applicant, Sri K.K. Nishad, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused-applicant Shahnawaz @ Shappu, who is involved in Case Crime No.763 of 2018, under Sections 3/5/8 Cow Slaughter Act and Section 11 Cruelty to Animals Act, Police Station Ganj, District-Rampur.
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 has further submitted that a applicant was neither apprehended on the spot nor any beef is said to have been recovered from the possession of the applicant. It is next submitted that co-accused of the case Hazi Shabbir Qurreshi, who was apprehended on the spot has been granted bail vide order dated 24.04.2019 passed by the another co-ordinate bench of this Court in Crl. Misc. Bail Application No.17119 of 2019. It is also submitted that there is no independent or public witness of the alleged recovery. it is next submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 15.03.2019. He does not have any criminal history to his credit. 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.
Having considered the submission of the parteis and without expressing any opinion on merits, let the Shahnawaz @ Shappu 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 with the following conditions:
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 :- 29.4.2019 Pr/-