Court No. - 87
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40174 of 2019 Applicant :- Taufeeq @ Sadhu Opposite Party :- State Of U.P.
Counsel for Applicant :- Satyendra Pratap Singh,Shivam Singh Counsel for Opposite Party :- G.A.
Hon'ble Suresh Kumar Gupta,J.
Heard learned counsel for the applicant, the learned A.G.A. and perused the record.
It is submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in the case; that nobody has seen the accused-appellant to slaughter the cow; that one quintal beef was recovered from the joint possession of the applicant; that applicant has no concern with this case; that co-accused Akram has already been granted bail vide order dated 12.09.2019 by this court. He further submits that there are no chances of applicant's fleeing away from the judicial process or tampering with the prosecution evidence, and he is in jail since 27.06.2019.
Learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant but contended that if the applicant is enlarged on bail, he may misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment and submissions of the learned counsel for the parties, I am of the view that the applicant has made out a case for bail.
Let the applicant Taufeeq @ Sadhu involved in Case Crime No. 143 of 2019, under Sections 3/5Ka/8 of U.P. Prevention of Cow Slaughter Act, Police Station Barkheda, District Pilibhit, 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;
(i) The applicant will not tamper with the evidence during the trial.
(ii) The applicant will not pressurise/intimidate the prosecution witness.
(iii) The applicant will appear before the trial court on the date fixed.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.9.2019 Vibha Singh