Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56312 of 2019 Applicant :- Shahwaj And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The accused applicants are involved in Case Crime No.440 of 2019, under Section 3/5/ 8 of the Prevention of Cow Slaughter Act, 1955 registered at Police Station Shahganj, District Jaunpur.
Learned counsel for the applicants submits that applicants have been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicants committed no offence. A false and fabricated story has been set up by the police. Applicants are in jail since 14.11.2019. It is further submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, they shall not misuse the liberty of bail.
Learned AGA has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicants.
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 applicants Shahwaj, Javed and Belal be released on bail in the aforementioned case crime number 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 applicants shall not tamper with the prosecution evidence.
ii) The applicants shall not threaten or harass the prosecution witnesses.
iii) The applicants shall appear on the date fixed by the trial court.
v) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
v) The applicants 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 :- 18.12.2019 S.S.