The High Court granted bail to the applicant Pappu @ Bandar in a criminal case under the U.P. Prevention of Cow Slaughter Act, subject to a personal bond and two sureties, without expressing an opinion on the merits.
Released on bail on personal bond and two local sureties to the satisfaction of the court.
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Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48866 of 2020
Applicant :- Pappu @ Bandar Opposite Party :- State of U.P. Counsel for Applicant :- Swatantra Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
Heard learned counsel for the applicant and Ms. Seema Shukla, learned AGA for the State.
The applicant seeks bail in Case Crime No. 257 of 2020, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station Ajeetmal, District Auraiya.
It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case due to ulterior motive; the applicant was not arrested on the spot; the alleged recovery is fake and planted and in fact, nothing was recovered from the possession of the applicant; there is no independent witness of the alleged recovery. It is next contended that co-accused Kaleem and another have been enlarged on bail by co-ordinate Bench of this Court vide order dated 18.09.2020 in Cr. Misc. Bail Application No. 27377 of 2020. It has lastly been submitted that applicant is languishing in jail since 21.10.2020 having no other criminal history to his credit and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail.
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 Pappu @ Bandar involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each in the like amount to the satisfaction of the court concerned on the following conditions that:
(i) the applicant shall not tamper with the prosecution evidence;
(ii) the applicant shall not pressurize the prosecution witnesses;
(iii) the applicant shall appear on each and every date fixed by the trial court.
In case of default of any of the conditions enumerated above, the order granting bail shall stands automatically vacated.
Order Date :- 7.1.2021
Lbm/-
1 issue framed by the court
Whether the applicant Pappu @ Bandar satisfies the requirements for bail in a case under the U.P. Prevention of Cow Slaughter Act.
1 provisions across 1 enactments
Pappu @ Bandar
Vivek Varma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
