Court No. - 51
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43510 of 2021 Applicant :- Tahir Opposite Party :- State of U.P.
Counsel for Applicant :- Naseem Ahmad,Salman Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Om Prakash-VII,J.
Heard Sri Naseem Ahmad and Sri Salman Ahmad, learned counsel for the applicant, learned A.G.A for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has not committed present offence. He has been falsely implicated in this case. It is further argued that the applicant is not named in the F.I.R. He was not arrested on the spot. He has been allowed on bail in case crime no.1858 of 2020 under section 3/5/8 Cow Slaughter Act vide order dated 16.9.2021 passed by this Court in criminal misc. bail application no.25165 of 2021. It is further submitted that other criminal cases shown against the applicant as criminal history were planted after his arrest in the present matter. No prima facie case is made out against the applicant, who is languishing in jail since 22.11.2020 in this matter. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
On the other hand, learned A.G.A. opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused, scrutinizing the facts mentioned in the F.I.R., statement of witnesses, and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Tahir involved in Case Crime No.571 of 2020 under Section 3/5/8 Prevention of Cow Slaughter Act, Police Station Sector - 58, District - Gautam Budh Nagar be released on bail on furnishing a personal bond and two heavy 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. 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.
4. 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 prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 28.10.2021 ss