Court allowed bail application of Mohd. Dilla @ Istkhar restricted under Prevention of Cow Slaughter Act, directing release on bond and sureties subject to standard bail conditions.
Applicant released on bail on furnishing a personal bond and two sureties each.
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Court No. - 41
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28278 of 2018
Applicant :- Dilla @ Istkhar Opposite Party :- State Of U.P. Counsel for Applicant :- Reetika Counsel for Opposite Party :- G.A.
Hon'ble Aniruddha Singh,J.
Counter affidavit filed today, is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
According to the prosecution case, F.I.R. was lodged against four accused persons, namely, Mohd. Navi, Aley Navi, Shamil and Dilla alleging that on 21.11.2015 eight quintal beef, some instruments for slaughtering were found and the accused Mohd. Navi, Shamil and Dilla fled away from the place of occurrence.
It is submitted by learned counsel for the applicant that the co-accused Mohd. Navi and Mohd. Shamil have been enlarged on bail by Co-ordinate Bench of this Court vide orders dated 06.9.2017 and 18.9.2017 passed in Criminal Misc. Bail Application No. 32297 of 2017 and Criminal Misc. Bail Application No. 34654 of 2017. The case of the applicant is on better footing than that of the co-accused. The applicant has been falsely implicated in the present case and there is no independent witness. He is languishing in jail since 04.7.2018 (more than two months) having no criminal history 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 Mohd. Dilla @ Istkhar involved in Case Crime No. 487 of 2015, under Section 3/5/8 Prevention of Cow Slaughter Act, Police Station Charthawal, District Muzaffarnagar 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 following conditions:
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 27.8.2018 Puspendra
1 issue framed by the court
Whether the applicant is a fit case for bail considering the period of custody and nature of allegations.
Dilla @ Istkhar
Aniruddha Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
