Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31330 of 2019 Applicant :- Shahrukh Opposite Party :- State Of U.P. Counsel for Applicant :- Safiullah Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Safiullah, learned counsel for the applicant, learned A.G.A. for State and perused the record.
Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case. The alleged recovery has been planted against the applicant and is a false and fabricated. There is no public witness of the alleged recovery. Neither the applicant is previous convict nor has any criminal antecedent except the present case and applicant undertakes that in case he is released on bail, he will not misuse the liberty of bail. The applicant is in custody since 25.5.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Upon hearing learned counsel for the parties, perusal of record, severity of punishment, totality of facts and circumstances, at this stage without expressing any view on the merits of the case, the Court is of the opinion that it is a case for bail. Hence the bail application is allowed.
Let the applicant- Shahrukh be released on bail in Case Crime No.139 of 2019 under section 3/5/8 of Prevention of Cow Slaughter Act, P.S. Dhanari, District-Sambhal on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-
(i) The applicant will not tamper with prosecution evidence.
(ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
Order Date :- 21.8.2019 Rk