Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11817 of 2021 Applicant :- Sheeshpal Opposite Party :- State of U.P.
Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Mr. Vivek Rastogi, learned AGA for the State.
The applicant seeks bail in Case Crime No. 21 of 2021, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act and section 11 of Prevention of Cruelty to Animals Act, Police Station Shahjad Nagar, District Rampur.
It has been contended by learned counsel for the applicant that the applicant is not the owner of the alleged vehicle, in which the animals are said to be recovered; nothing was recovered from the possession or property of the applicant; there is no independent witness of the alleged recovery. It has lastly been contended that the applicant is languishing in jail since 30.01.2021 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 Sheeshpal 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/-