Hon'ble Krishna Pratap Singh, J. granted bail to Mohd. Usman in Criminal Misc. Bail Application No. 29453 of 2019, releasing him on personal bond and sureties despite arguments of fabrication and false implication, without expressing an opinion on merits.
Relief granted: release on bail on personal bond and two sureties with specific conditions.
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Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 29453 of 2019
Applicant :- Mohd. Usman @ Usman Opposite Party :- State Of U.P. Counsel for Applicant :- Vinod Singh Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the material placed on record.
It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that the alleged recovery of 11 kgs of beef from the possession of the applicant is false, fabricated and concocted. In fact, no such recovery was effected from the possession of the applicant. Learned counsel for the applicant submits that the applicant has no concern with the alleged recovery. There is no public witness of the alleged recovery. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence.The applicant is languishing in jail since 10.06.2019. He does not have any criminal history to his credit. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Having considered the submissions of the parties and without expressing any opinion on the merits, let the applicant Mohd. Usman alias Usman, involved in case crime No. 294 of 2019, under sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act PS Gulawati, District Bulandshahr, be released on bail on his 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 applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 23.7.2019 Sazia
2 issues framed by the court
Whether the applicant, falsely implicated in a cow slaughter case with no prior record, is entitled to bail.
Whether the alleged recovery of beef was fabricated without public witnesses.
Mohd. Usman @ Usman
Krishna Pratap Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
