Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57108 of 2019 Applicant :- Shakeel Shah And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Prem Chandra Patel Counsel for Opposite Party :- G.A
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicants and Mr Om Prakash Singh, learned AGA and perused the record of the case.
It is submitted by learned counsel for the applicants that applicants have been falsely implciated in the present case due to ulterior motive. It is further submitted that nothing has been recovered from the possession of the applicants. It is further submitted that one of similarly situated co- accused namely Rehana has already been enlarged on bail vide order dated 19.12.2019 passed in Criminal Misc Bail Application No. 56668 of 2019. It is further submitted that the applicant has no criminal history. He submits that the applicants are in jail since 1.11.2019 and 2.11.2019 respectively.
Learned AGA could not dispute the aforesaid facts advanced by learned counsel for the applicants.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Shakeel Shah and Gaffar be enlarged on bail on each of them furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned in case crime No. 0447 of 2019, under Sections 3/5/8 of Cow Slaughter Act, P.S. Buxa, District Jaunpur subject to following conditions:-
i) The applicants will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicants 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 applicants will not indulge in any unlawful activities.
(iv) The applicants will not misuse the liberty of bail in any manner whatsoever.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 20.12.2019/RavindraKSingh