In Criminal Misc. Bail Application No. 27982 of 2019, this court released the applicants on bail subject to furnishing personal bonds and sureties with specified conditions regarding tampering with evidence and commission of further crimes.
Releasing the applicants on bail upon furnishing personal bond and two sureties each with specified conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27982 of 2019
Applicant :- Farman And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Mr. Mohammad Zakir, learned counsel for the applicants as well as Mr. Sushil Kumar, learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicants that the applicants are absolutely innocent and have been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicants that the alleged recovery of beef shown in the FIR is false, fabricated and concocted. Learned counsel for the applicants submits that the applicants have no concern with the alleged offence. There is no public witness of the alleged recovery. It is also submitted by the learned counsel for the applicant that similarly placed co-accused Rashid has been granted bail by this Court vide order dated 12.07.2019 in Criminal Misc. Bail Application No. 27808 of 2019. It is next contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. The applicants are languishing in jail since 28.05.2019. They do not have any criminal history to their credit. In case, the applicants are released on bail, they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case, the applicants are released on bail, they will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicants Farman and Sarfraz, involved in case crime No. 188 of 2019, under sections 3/5/8 of U.P. Prevention of Cow Slaughter Act PS Agauta, District Bulandshahr, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 15.7.2019 Sazia
1 issue framed by the court
Whether the applicants are entitled to bail in the present criminal proceeding.
Farman and Another
Krishna Pratap Singh
As recorded by the court registry
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