Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51993 of 2019 Applicant :- Waseem Opposite Party :- State of U.P.
Counsel for Applicant :- Dhiraj Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
1. Heard Sri Dhiraj Kumar Pandey, learned counsel for the applicant as well as Sri S.P. Maurya, learned AGA for the State and perused the material placed on record.
2. The instant bail application has been filed on behalf of the applicant - Waseem with a prayer to release him on bail in Case Crime No. - 189 of 2019, under Sections - 3/5-A/8 of U.P. Prevention of Cow Slaughter Act and Section 3/11gha Prevention of Cruelty to Animals Act, 1960 and Section 307 I.P.C., Police Station - Saraswa, District - Saharanpur, during pendency of trial.
3. Having heard learned counsel for the parties, at present:
(i) the applicant is accused under the cow slaughter act and attempt to murder, punishable with imprisonment of 10 years;
(ii) against FIR lodged on 16.06.2019, the applicant is in confinement since 23.10.2019 ;
(iii) the applicant claims to have cooperated in the investigation. In any case he is not shown to have unduly evaded arrest;
(iv) the applicant has criminal history in one case, wherein, he has been enlarged on bail;
(v) chargesheet has already been submitted yet trial has not commenced. Therefore, there is no hope of early conclusion of the trial;
(vi) on prima facie basis only, it may be noted, according to the applicant, he is named in the first information report but he has not been arrested from the spot and no recovery has been made by him. Co-accused Ashif and Tanjeem @Mulla & Azeem have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos. 29866 of 2019 and 39522 of 2019 vide order dated 25.07.2019 and 30.09.2019 respectively;
(vii) in any case, no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail would either tamper with the evidence or delay the trial.
4. In view of the above, without expressing any opinion on the final merits of the case, let the applicant involved in the aforesaid crime be released on bail, on his 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 shall not tamper with the prosecution evidence by intimidating/pressuring the witness, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
5. In case, of breach of any of the above conditions, the bail being granted shall be cancelled.
6. Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 Saif