Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35948 of 2018 Applicant :- Shanu And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Raj Mangal Tiwari,Vindhyachal Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit filed by learned counsel for the applicant is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against six accused persons namely, Mohd. Nafees, Raish @ Mochchhad, Shamshad @ Musad, Waseer, Chini @ Jamaluddin, Shanu and three unknown persons alleging that on 6.3.2016 accused Mohd. Nafees was arrested by the police and recovered beef, some instruments for slaughtering and other materials and other accused persons fled away.
It is submitted by learned counsel for the applicants that recovery is false and planted. Co-accused namely Mohd. Nafees has already been granted bail by co-ordinate Bench of this Court vide order dated 20.4.2016 in Criminal Misc. Bail Application No. 12248 of 2016, since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. There is no evidence to connect the applicants with the present matter. Applicants were not arrested on the spot. There is no independent witness against the applicants. Nothing was recovered from the possession of applicants. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 18.7.2018 (more than two months) having no criminal history and in case they are released on bail, they 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 aforesaid fact as argued by learned counsel for the applicants and admitted that applicants have 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 applicants Shanu and Shamshad @ Mushad involved in Case Crime No. 18 of 2016, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Baraur, District Kanpur Dehat be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 24.9.2018 OP