Criminal Misc. Bail Application allowed. Applicant Sayeed described as innocent and falsely implicated. Court opined it was a fit case for bail without expressing opinion on merits, granting release on personal bond and two sureties subject to conditions.
Paragraph No. 30482 of 2018 Case No. 106 of 2018: Release on bail on personal bond and two sureties each.
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Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30482 of 2018 Applicant :- Sayeed Opposite Party :- State Of U.P. Counsel for Applicant :- Dhiraj 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, F.I.R. was lodged against six accused persons namely Smt. Khurshida, Shahjad, Naushad, Shahid, Shahanwaj, Saeed alleging that on 1.6.2018 Smt. Khurshida was arrested by the police with 45 Kg. beef and some instruments for slaughtering and other accused persons fled away.
It is submitted by learned counsel for the applicant that recovery is false and planted. There is no evidence to connect the applicant with the present matter. Applicant was not arrested on the spot. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 3.6.2018 (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 and admitted that applicant has no criminal history.
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 Sayeed involved in Case Crime No. 106 of 2018, under Section 3/5-A/8 Prevention of Cow Slaughter Act, P.S. Fatehpur, District Saharanpur 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 :- 13.8.2018//A. Singh
1 issue framed by the court
Whether the bail application filed by the accused ought to be allowed.
Sayeed
Aniruddha Singh
As recorded by the court registry
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