Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40891 of 2018 Applicant :- Suleman Opposite Party :- State Of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Learned counsel for the applicant is permitted to delete the Section 3/11 of the Prevention of Animals Cruelty Act in the memo of the bail application.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Suleman seeking bail in Case Crime No. 516 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Swar, District Rampur.
Learned counsel for the applicant has submitted that FIR has been lodged against as many as eight persons including the applicant on 14.08.2018 and the co-accused Imran has been arrested by the police on the spot and from his possession, 5 quintal of beef and instruments of slaughtering is shown to have been recovered, while other seven accused persons fled away.
Learned counsel for the applicant has further submitted that no recovery whatsoever has been made from the possession of the applicant and the applicant is wholly innocent and he has been falsely implicated in the present case on account of ulterior motive. The applicant has no criminal history to his credit.
He has further submitted that the applicant is in jail since 28.08.2018 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 judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant and has further submitted that the applicant was not arrested on the spot and he has no criminal history to his credit.
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 Suleman 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 :- 26.10.2018 /Nadim