Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35898 of 2018 Applicant :- Suhail Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against three accused persons namely Suhail Kuraishi, Guddu @ Naushad and Noor Jahan alleging that on 19.06.2018 co- accused Noor Jahan was arrested by the police with raw material, foreheads and other parts of body of cow and some instruments for slaughtering.
It is submitted by learned counsel for the applicant that recovery is false and planted. Nine cases criminal history of the applicant has been explained in the affidavit filed in support of the bail application. He further submitted that one case was registered against the police personnel by the family member of the applicant in which an order was passed by the co-ordinate Bench of this Court on 29.05.2018 in Criminal Misc. Writ Petition No. 14119 of 2018 (Annexure No.3 to the affidavit), directing that matter be investigated by CBCID, due to this reason the police has roped the applicant in present case. There is no recovery from the possession of the applicant or his pointing out. There is no evidence to connect the applicant with the present matter. Applicant was not arrested on the spot. There is no independent witness against the applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 23.02.2018 (about seven months) 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 and admitted.
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 Suhail involved in Case Crime No. 179 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act and 11 Animal Cruelty Act, P.S. Shahganj, District Jaunpur be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to 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 :- 24.9.2018/VKG