Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39522 of 2019 Applicant :- Tanjeem @ Mulla And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Criminal history of the applicants has been explained in the supplementary affidavit filed today on behalf of the applicant, which is taken on record.
Heard learned counsel for the applicants and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicants, Tanjeem @ Mulla and Azeem, with a prayer to release them on bail in Case Crime No. 189/2019, under Sections 3/5-A/8 of U.P. Prevention of Cow Slaughter Act, Section 3/11 Prevention of Cruelty to Animals Act, 1960 and Section 307 IPC, Police Station- Sarsawa, District- Saharanpur during pendency of trial.
Learned counsel for the applicants has contended that the co- accused, Ashif, has been granted bail by this Court on 25.07.2019, in Criminal Misc. Bail Application No. 29886 of 2019. The case of the applicants stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicants are languishing in jail since 26.08.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicants- Tanjeem @ Mulla and Azeem, involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants 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 :- 30.9.2019 S.K.