Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41016 of 2018 Applicant :- Zaheer And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashutosh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicants, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Zaheer and Noor seeking bail in Case Crime No. 228 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Bhojpur, District Moradabad.
Learned counsel for the applicants has submitted that FIR has been lodged against as many as five persons on 03.06.2018 and two quintal of beef and instruments of slaughtering are shown to have been recovered from the possession of the applicants. The applicants have been arrested on the spot while other three persons fled away.
Learned counsel for the applicants has submitted that the applicants are wholly innocent and they have been falsely implicated in the present case on account of ulterior motive and there is no independent witness to corroborate the said recovery and the applicants have no criminal history to their credit.
He has further submitted that the applicants are in jail since 03.06.2018 and in case, the applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicants fleeing away from judicial process or tampering with the witnesses.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicants and further that the applicants have no criminal history to their credit and they are in jail since 03.06.2018.
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 merits of the case, I am of the view that the applicants have made out a case for bail.
Let the applicant Zaheer and Noor be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicants shall not indulge in any criminal activity.
(ii) The applicants shall not tamper with the prosecution evidence.
(iii) The applicants shall not pressurize the prosecution witnesses.
(iv) The applicants shall regularly appear on the dates fixed by the trial court unless their personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 27.10.2018 Nadim