Court No. - 42
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8576 of 2018 Applicant :- Shamshad Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Shamshad, who is involved in Case Crime No. 339 of 2017, under Sections 3/5/8 Cow Slaughter Act, P.S.- Fatehpur, District- Saharanpur.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is further submitted that co- accused Burhaan having similar role has already been released on bail by this Court vide order dated 28.02.2018. The case of applicant is on identical footing and as such he is entitled to be released on bail on the ground of parity. The applicant is in jail since 16.01.2018.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant, Shamshad, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not pressurize the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial court.
4. The applicant shall not commit any offence similar to the offence of which he/she is accused, or suspected of the commission, of which he/she 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 top dissuade her from disclosing such 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, it is open to the opposite party to approach this Court for cancellation of bail.
Order Date :- 28.3.2018 Prajapati