Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14606 of 2018 Applicant :- Shamshul Opposite Party :- State Of U.P.
Counsel for Applicant :- Surya Nath Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the present case. He has not committed the present offence. Recovery is false and planted. There is no independent witness of the said recovery. Criminal history has been properly explained. Although he was involved in similar type of case, yet he is on bail in that case. Applicant is languishing in jail since 20.12.2017 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 AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Shamshul involved in Case Crime No. 698 of 2017, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, P.S. Sahaswan, District - Budaun be released on bail on furnishing a personal bond and two heavy sureties (not less than Rupees Three Lakhs) each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 30.5.2018/safi