Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49117 of 2017 Applicant :- Zafar Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Counter and rejoinder affidavit filed today which are taken on record.
Heard Ashutosh, learned counsel for the applicant, Sri Vijay Kumar Mishra, learned A.G.A for the State 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 present case. It is further submitted that recovery which has been shown with the appellant is false one. It is also submitted that there is no independent eye witness to support the prosecution case. Further no slaughtering instrument has been recovered from the possession of the appellant. The applicant has no previous criminal history. He is languishing in jail since 13.10.2017 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 AGA opposed the prayer for bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Zafar, involved in Case Crime No. 576 of 2017, under Sections 3/5-A/8 Prevention of Cow Slaughter Act, P.S. Kotwali, District Rampur, 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 the following conditions.
1. The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail granted to the applicant.
(Krishna Pratap Singh,J.) Order Date :- 22.2.2018 A.K.Verma