Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32637 of 2018 Applicant :- Tauheed Opposite Party :- State Of U.P. Counsel for Applicant :- Sageer Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed by learned A.G.A. is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case the F.I.R. was lodged against three accused person namely Gulshana, Sharafat, Tauhid and two unknown persons alleging that on 5.5.2018, four quintal beef and some instruments for slaughtering was recovered from the house of Jabir, accused Soib, Furkan and Smt. Jannt were arrested by the police and accused Jabir and Mehraj were fled away. Two quintal beef and some instruments for slaughtering was recovered from the house of Sarafat, accused Sarafat, Tohid and two unknown persons were fled away from the place of occurrence and Smt. Gulshana was arrested by the police.
It is submitted by learned counsel for the applicant that applicant has been falsely implicated. Recovery is false and planted. Co-accused namely Smt. Jannat has already been granted bail by co-ordinate Bench of this Court vide order dated 18.6.2018 in Criminal Misc. Bail Application No. 21282 of 2018, since the role of the applicant is not distinguishable with the role of co-accused, therefore, the applicant is also entitled for bail. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and has been falsely implicated in the present case. He is languishing in jail since 22.5.2018 (more than four months); four cases of criminal history have been explained and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On the other hand, learned A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Tauheed involved in Case Crime No. 149 of 2018, under Section 3/5/8 of Prevention of Cow Slaughter Act and Cattle Trees Pass Act, P.S. Thana Bhawan, District Shamli be released on bail on furnishing a personal bond and two 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.
4. The applicant shall not commit an offence similar to the offence of which she is accused, or suspected, of the commission of which she is suspected.
5. 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 her 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 court below shall be at liberty to cancel the bail.
Order Date :- 25.9.2018 OP