Court No. - 46
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24928 of 2019 Applicant :- Taufeeq Opposite Party :- State Of U.P.
Counsel for Applicant :- Sumod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the materials on record.
The present bail application has been moved for enlarging the applicant, Taufeeq, on bail in Case Crime No. 106 of 2019, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Ganj, District Rampur.
Learned counsel for the applicant submitted that applicant has been falsely implicated in the present case; he has not committed any offence; whole case of the prosecution is concocted and baseless; his name came into light on the statement of co-accused Mukarram @ Laloo; nothing has been recovered from the possession of the applicant. He is languishing in Jail since 14.02.2019. Learned counsel for the applicant further submits that if the applicant released on bail he shall not misuse the liberty of bail.
Per contra, learned A.G.A. has opposed the prayer for bail.
Considering the entire facts and circumstances of the case, submissions made by both the parties, severity of punishment and without expressing any opinion on the merits the case, I am of the view that the applicant deserves bail.
Let applicant- Taufeeq be released on bail in the aforesaid case crime 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:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the investigation, trial and shall not seek any adjournment on the dates fixed for charge, evidence and statements under Section 313 Cr.P.C. when the witnesses are present in the court.
In case of default, it shall be open for the Trial Court to treat it as abuse of liberty of bail and pass orders in accordance with law.
Order Date :- 20.6.2019 Rohit