Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33293 of 2019 Applicant :- Shamshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar-IX,J.
Heard Sri Ram Kumar Dubey, 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 from the possession of applicant, is totally false, fabricated and concocted. The applicant has no concerned with the alleged recovery. There is no independent witness of the alleged recovery. Co-accused Shabbir already been enlarged on bail by this Court vide order dated 25.7.2019 passed in Criminal Misc. Bail Application No. 29749 of 2019, copy of which has been annexed as Annexure-2 to the affidavit. The applicant has no other criminal history and applicant undertakes that he will not misuse the liberty of bail. The applicant is in custody since 27.06.2019.
Learned A.G.A. opposed the prayer of bail but could not dispute the argument made by learned counsel for applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation, period of custody and 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- Shamshad be released on bail in Case Crime No.121 of 2019 under section 3/5/8 of Uttar Pradesh Prevention of Cow Slaughter Act, Police Station- Dilari, District- Moradabad 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 :- 22.8.2019 Ashutosh Pandey