Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 19496 of 2018 Applicant :- Shami Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against six accused persons namely, Kamran, Shami, Munna, Naieem, Shami and Lala Hazi alleging that Kamran, Sami and Munna were arrested by the Police Personnel on 17.4.2018 with 250 kg. beef.
Learned counsel for the applicant submitted that applicant is languishing in jail since 17.4.2018 (more than four months); having no criminal history; he has been falsely implicated; recovery show by the Police personnel is planted to show his good work only; there is no independent witness against the applicant and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the fact that the applicant has no criminal history.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shami involved in Case Crime No. 139 of 2018, under Section 3/5/8 of U.P. Cow Slaughter Act and Section 307 I.P.C., P.S. Didauli, District Amroha be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 23.8.2018 OP