Court No. - 60
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4731 of 2018 Applicant :- Suleman Opposite Party :- State Of U.P.
Counsel for Applicant :- Sheeba Rizvi,Ashok Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Lochan Mehrotra,J.
Heard learned counsel for the applicant, learned A.G.A for the State and perused the material placed on record.
Applicant-Suleman seeks bail in Case Crime No. 584 of 2017 under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act Police Station Ajeem Nagar District Rampur during the pendency of trial.
As per prosecution case, on 20.12.2017, a recovery of 70 kg beef was made by the police. One Rashid was arrested on the spot while the applicant managed to flee away.
It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case. It is next contended that the applicant was not arrested on the spot and the name of the applicant came into light only on the confessional statement of other co-accused person. The applicant is languishing in jail since 12.01.2018 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Per contra learned A.G.A. has opposed the bail prayer of the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused and submissions of the learned counsel for the parties, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Without expressing any opinion on the merits, let the applicant Suleman involved in the aforesaid crime 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 that :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 27.3.2018 Sumit S