Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4019 of 2019 Applicant :- Shareef Opposite Party :- State Of U.P.
Counsel for Applicant :- Narendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Narendra Singh, learned counsel for the applicant and the learned A.G.A. for the State and perused the material placed on record.
The present bail application has been filed by the applicant- Shareef in Case Crime No. 248 of 2018, under Sections 3/5/8 Cow Slaughter Act, Police Station- Bhot, District- Rampur with the prayer to enlarge him on bail.
The submission of the learned counsel for the applicant is that the applicant has been falsely implicated in the present case. It is next contended that the applicant has not been arrested at the spot and his name surfaced in the confessional statement of co-accused Babbu. Co-accused Babbu who was arrested at the spot along with cow meat has been allowed bail by a coordinate Bench of this Court vide an order dated 8.1.2019 in Criminal Misc. Bail Application No. 791 of 2019. There is no early prospect of conclusion of trial. So, the applicant, who is in jail since 1.1.2019, having no criminal history to his credit, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties, without expressing any opinion on merits of the case, I am of the view that the applicant is entitled to be released on bail.
Let applicant- Shareef 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 subject to following conditions that:-
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.
In case of default of any of the conditions enumerated above, the courts below shall be at liberty to cancel bail of the applicant.
Order Date :- 29.1.2019 Vikas