Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 31736 of 2018 Applicant :- Waheed And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against eight accused persons namely, Mohd. Hamid, Juganu, Wahid, Niwami, Bhaiya, Shafiq, Niyamul and Javed alleging that on 27.6.2018 accused Mohd. Hamid and Juganu were arrested by the police with 2.5 quintal beef, some animals and some instruments for slaughtering and other accused persons fled away from the place of occurrence.
It is submitted by learned counsel for the applicants that recovery is false and planted. Co-accused namely Nizami @ Nizamuddeen and Bhaiya @ Hisamuddeen have already been granted bail by this Court vide order dated 16.8.2018 in Criminal Misc. Bail Application No. 30832 of 2018, since the role of the applicants is not distinguishable with the role of co-accused, therefore, the applicants are also entitled for bail. There is no evidence to connect the applicants with the present matter. Applicants were not arrested on the spot. There is no independent witness against the applicants. Nothing was recovered from the possession of applicants. The applicants are innocent and have been falsely implicated in the present case. They are languishing in jail since 16.7.2018 (more than one month) having no criminal history and in case they 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 applicants and admitted that applicants have no criminal history.
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 applicants Waheed and Javed involved in Case Crime No. 114 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act and Section 11 Prevention of Animals Cruelty Act, P.S. Khakhreru, District Fatehpur 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 applicants will not tamper with the evidence during the trial.
2. The applicants will not pressurize/ intimidate the prosecution witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants 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 them 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 :- 21.8.2018 A. Singh