Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41011 of 2018 Applicant :- Zubair Khan Opposite Party :- State Of U.P.
Counsel for Applicant :- Amaresh Yadava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Zubair Khan seeking bail in Case Crime No. 126 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Shahganj, District Jaunpur.
Learned counsel for the applicant has submitted that FIR has been lodged against three persons on 09.07.2018. It is alleged that the applicants were carrying 20 Kg and 30 Kg of animal beef on a motorcycle, which is alleged to be purchased from co-accused Sufiyan.
He has further submitted that no instrument of slaughtering has been recovered from the possession of the applicants and there is no independent witness to corroborate the said recovery. The applicant has no criminal history to his credit.
Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case on account of ulterior motive.
He has further submitted that the applicant is in jail since 09.07.2018 and in case, the applicant is released on bail, he 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 applicant 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 applicant and has further submitted that the applicant has no criminal history to his credit and he is in jail since 09.07.2018.
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 applicant has made out a case for bail.
Let the applicant Zubair Khan be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his 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