Single judge granted bail to the applicant in a maintenance case under the Uttar Pradesh Cow Slaughter Act, requiring a personal bond with two sureties and adherence to specific conditions to prevent tampering with witnesses.
Released on bail on furnishing a personal bond and two reliable sureties of the like amount.
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Court No. - 14
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 16927 of 2019
Applicant :- Chhimman @ Mohd. Naseem Opposite Party :- State Of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.
Hon'ble Ghandikota Sri Devi,J.
Heard Sri Shivakant, learned counsel for the applicant, learned AGA for the State and perused the record.
Applicant- Chhimman @ Mohd. Naseem seeks bail in Case Crime No. 25 of 2019, under Sections 3/5A/8 Prevention of U.P. Cow Slaughter Act, P.S. Hathgaon, District- Fatehpur.
Learned counsel for the applicant submits that applicant has been falsely implicated in this case. It is next contended that coaccused Smt. Momina has already been granted bail by this Court vide order dated 28.3.2019 passed in Criminal Misc. Bail Application No. 12622 of 2019. It is next contended that there is also no possibility of his either fleeing away from the judicial process or tampering with the witnesses. Lastly, it is submitted that the applicant is in jail since 28.03.2019 and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means; that the applicant has no previous criminal history.
Per contra, learned AGA has opposed the prayer for bail to the applicant but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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 applicant Chhimman @ Mohd. Naseem 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 :- 23.4.2019 V.S.Singh
1 issue framed by the court
Whether the applicant is entitled to bail under Sections 3/5A/8 Prevention of U.P. Cow Slaughter Act considering nature of offence and lack of flight risk.
Chhimman @ Mohd. Naseem
Ghandikota Sri Devi
V.Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
