HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 51 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20855 of 2011 Petitioner :- Riyasat @ Rasa Respondent :- State Of U.P. Petitioner Counsel :- Sushil Kumar Pandey Respondent Counsel :- Govt. Advocate Hon'ble Arvind Kumar Tripathi,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
It is contended by the learned counsel for the applicant that the applicant was falsely implicated by the police in an encounter no injury case and was also challaned in the present case in which he was released on bail. Subsequently, the applicant received injury causing fracture on his right leg. His wife fell ill and thereafter she expired. Due to this reason the applicant could not appear before the court concerned. Now the applicant is in jail since 4.7.2011. Therefore, he is entitled for bail. If the applicant is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned AGA opposed the prayer for bail.
Considering the facts and circumstances and the nature of the offence of the case, without expressing any opinion on the merit of the case, it is a fit case for bail.
Let the applicant Riyasat @ Rasa be released on bail on his furnishing a personal bond and two heavy sureties each in the like amount to the satisfaction of the court concerned in case crime no. 238 of 2004, under section 3/5/8 of Cow Slaghter Act, P.S. Kandhala, district Muzaffarnagar with the following conditions;
1. The applicant will not tamper with the evidence.
2. The applicant shall not pressurize/intimidate the prosecution witnesses during trial.
3.The applicant will appear before the trial court on the date fixed.
In defiance of any of the aforesaid conditions, the court will be at liberty to cancel the bail of the applicant and to take him into custody.
Order Date :- 16.8.2011 Gss