This judgment grants bail to the applicant in a case under Sections 3, 5A, and 8 of U.P. Cow Slaughter Act involving crime No. 70 of 2020, subject to specific conditions regarding attendance and non-tampering.
Bail granted on personal bond with two local sureties, subject to specific conditions.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 234 of 2021
Applicant :- Makalu @ Hashim Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.
It is contended by the learned counsel for the applicant that the applicant is wholly innocent and he has been falsely implicated in the present case. Applicant was not arrested on the spot. It is next contended that nothing incriminating has been recovered from the possession of the applicant or at his pointing out. There is no independent witness of the alleged incident. It is further contended that the applicant does not have any criminal history. It is contended that co-accused, namely, Shakib, Galib & Abdullah have already been granted bail by this Court on 03.09.2020 & 10.09.2020 in Criminal Misc. Bail Application Nos. 22244 of 2020 & 27111 of 2020. 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. It is next contended by the learned counsel for the applicant that the applicant is in jail since 28.10.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant - Makalu @ Hashim, involved in case crime No. 70 of 2020, under Sections 3/5A/8 of U.P. Cow Slaughter Act, police station -Rani Ki Sarai, District -Azamgarh be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned. It is further provided that this bail order available on the official website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.
This bail order would be subject to the fulfillment of following
conditions:-
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 6.1.2021 Sartaj
Digitally signed by Justice Neeraj Tiwari Date: 2021.01.06 17:31:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to bail in the present criminal proceeding.
Makalu @ Hashim
Neeraj Tiwari
As recorded by the court registry
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