Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11699 of 2021 Applicant :- Shaukeen Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr. Manuraj Singh, learned AGA for the State.
The applicant seeks bail in Case Crime No. 65 of 2020, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, Police Station Patwai, District Rampur.
It is contended by learned counsel for the applicant that the applicant is not named in the FIR nor has been arrested on the spot; he has been falsely implicated in the present case due to ulterior motive. It is further contended that the alleged recovery is false and in fact, nothing was recovered from the possession of the applicant; there is no independent witness of the alleged recovery. It is next contended that co-accused Ahmad Ali and Mohd. Usman Khan have been enlarged on bail by the co- ordinate Bench of this Court vide orders dated 07.10.2020 and 23.02.2021 in Cr. Misc. Bail Application Nos. 31382 of 2020 and 10306 of 2021 respectively. It has lastly been contended that applicant is languishing in jail since 12.01.2021 having no other criminal history to his credit and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant Shaukeen, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 5.4.2021 Lbm/-