Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35500 of 2018 Applicant :- Shivam Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Bachchoo Lal,J.
The counter affidavit filed on behalf of the State be taken on record.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicant is not named in the FIR. The FIR of alleged incident was lodged against unknown. The name of applicant came into light in the statement of the co-accused.
It has further been submitted that the applicant has no concern with alleged incident. There is no public witness of the alleged recovery. There is no criminal history of the applicant and he is in jail since 23.7.2018.
Per contra, learned AGA opposed the prayer for bail and argued that the applicant and other co-accused were transporting seven animals in a truck for slaughtering, therefore applicant is not entitled for bail.
Having given my thoughtful consideration to the submissions of the learned counsel for the parties, without expressing any opinion on the merits of the case. I am of the opinion that it is a fit case for bail.
Let the applicant Shivam involved in Case Crime No. 110 of 2018, under Section 3/5K/8 of U.P. Prevention of Cow Slaughter Act & Section 3/11 Prevention of Cruelty to Animals Act, Police Station Kemri, District Rampur be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant will not tamper with the evidences.
2. The applicant will not pressurize/intimidate the prosecution witnesses and he will cooperate with the trial.
3. The applicant will appear on each and every date fixed by the trial court unless personal appearance is exempted by the court concerned.
In case of breach of any conditions mentioned above, the trial court shall be at liberty to cancel the bail of the applicant.
Order Date :- 30.10.2018 Ashutosh Pandey