Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41058 of 2018 Applicant :- Tahavvar Opposite Party :- State Of U.P. Counsel for Applicant :- Mohd Faiz 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 Tahavvar bail in Case Crime No.0054 of 2018, under Section 3/5/8 Cow Slaughter Act & 11 Animal Cruelty Act, 1960, P.S. Faizganj Behta, District- Badaun.
According to the prosecution case as alleged in the FIR, the first information report was lodged against as many as four persons including the applicant on 01.04.2018 and the applicant is shown to have been arrested by the police and 50 Kg. of beef and instruments of slaughtering is shown to have been recovered from the possession of the applicant, while the other three accused persons fled away.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive. There is no independent witness to corroborate the said recovery.
He has further submitted that the applicant is in jail since 01.04.2018 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 and there is no criminal history to his credit. 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 aforesaid facts as argued by learned counsel for 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 Tahavvar 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