The Single Judge allowed a bail application filed by the applicant apprehending arrest for cow slaughter under the U.P. Prevention of Cow Slaughter Act despite his criminal history.
Bail allowed subject to personal bond and two sureties with conditions against tampering, intimidating witnesses, and committing similar offences.
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Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23598 of 2018 Applicant :- Mursaleen @ Pampa Opposite Party :- State Of U.P. Counsel for Applicant :- Atul Kumar,Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case applicant was arrested by the Police personnel and three accused persons, namely Imran, Shamim and Sartaj fled away and five quintal beef was recovered.
Learned counsel for the applicant submitted that the applicant is languishing in jail since 16.5.2018 (about six months); four cases of criminal history have been explained; the applicant is on bail; recovery was falsely planted by the Police to show their good work; there is no independent witness; the applicant is innocent and has been falsely implicated in the present case 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 A.G.A. opposed the prayer for bail but could not dispute the aforesaid fact as argued by learned counsel for the applicant.
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 applicant Mursaleen @ Pampa involved in Case Crime No. 179 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S.-Charthawal, District-Muzaffar Nagar be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
2.The appellant will not pressurize/ intimidate the prosecution witness.
3.The appellant will appear before the trial court on the date fixed, unless personal presence is exempted.
4.The appellant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5.The appellant 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 him 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 :- 15.11.2018/OP
1 issue framed by the court
Whether the applicant is entitled to be released on bail given the allegations of cow slaughter and the gravity of the offence.
Mursaleen @ Pampa
State Of U.P.
Aniruddha Singh
As recorded by the court registry
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