Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24222 of 2018 Applicant :- Siraj Opposite Party :- State Of Up Counsel for Applicant :- Chandra Dutt Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Supplementary affidavit, filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to prosecution case, F.I.R. was lodged against two accused persons namely, Siraj and Meraj alleging that on 22.4.2018 applicant (Siraj) was arrested by the Police personnel on spot, whereas co-accused Meraj managed to escape; 65 liters of cow fat was recovered from the spot.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case. The applicant is languishing in jail since 23.4.2018 (more than four months); so far as criminal history of the applicant is concerned, the same has been explained in para 4 of the supplementary affidavit; there is no independent witness against the applicant and in case he is released on bail, he 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 applicant.
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 applicant Siraj involved in Case Crime No. 73 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Derapur, 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 with the following conditions:
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not pressurize/ intimidate the prosecution witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant 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 him 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 :- 27.8.2018 NS