Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34676 of 2019 Applicant :- Smt. Shamo Opposite Party :- State Of U.P.
Counsel for Applicant :- Anurag Pathak,Harshit Pathak Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant as well as the learned AGA for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant, Smt. Shamo with a prayer to release her on bail in Case Crime No.89 of 2019, under Section 307/34 of I.P.C. and 3/5/8 of Cow Slaughter Act, Police Station Sarsawa, District Saharanpur., during pendency of trial.
Learned counsel for the applicant has contended that the co-accused, Bhoora @ Julfkaar, has been granted bail by this Court on 24.5.2019 in Criminal Misc. Bail Application No. 21895 of 2019. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 31.7.2019. In case, the applicant is released on bail, she will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant involved in aforesaid case 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 which are being imposed in the interest of justice:-
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.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.8.2019 Ruchi Agrahari