Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41107 of 2018 Applicant :- Sonu Opposite Party :- State Of U.P. Counsel for Applicant :- Abdul Mazeed Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Sonu seeking bail in Case Crime No. 439 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 273 I.P.C., P.S. Puranpur, District Pilibhit.
According to the prosecution case as alleged in the FIR, the first information report was lodged against as many as five persons including the applicant. He has further submitted that the police have arrested two co-accused namely Jabeer and Sabeer and from their possession 70 Kg. of beef and some instruments of slaughtering animal were recovered however, the applicant has fled away from the place of incident.
Learned counsel for the applicant has submitted that the applicant is innocent and has been falsely implicated in the present case on account of ulterior motive. He has further submitted that no recovery whasoever has been made from the possession of the applicant and he has no criminal history to his credit.
He has further submitted that the applicant is in jail since 07.09.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from the judicial process and tampering with the evidence.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the fact that the applicant is in jail since 07.09.2018 and he has not been arrested on the spot and no recovery whatsoever has been made from the possession of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Sonu 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 the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018 cks