Noor Hasan vs State Of U.P.
2012 Latest Caselaw 5893 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 51
 
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32028 of 2012
 
Petitioner :- Noor Hasan
 
Respondent :- State Of U.P.
 
Petitioner Counsel :- Mohd.Aslam Ansari
 
Respondent Counsel :- Govt.Advocate
 

 
Hon'ble Rajesh Dayal Khare,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

The present bail application has been filed by the applicant in case crime No. 138 of 2012,  under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act,  police station Qutub Sher,  District Saharanpur with the prayer to  enlarge him on bail.

It is contended by the learned counsel for the applicant that   the applicant was travelling in the vehicle which was alleged to have been transported beef and nothing has been recovered from the possession of the applicant nor there is any independent witness of the alleged recovery and the applicant has been falsely implicated due to ulterior motives.  It is next contended by the learned counsel for the applicant that the applicant has no criminal history and he is in jail since  08.5.2012 and in case he is enlarged on bail, he will not misuse the liberty of bail.

It is further contended that co-accused Azeem has already been granted bail by another Bench of this Court vide order dated 23.8.2012 in Criminal Misc. Bail Application No. 18342 of 2012, photo copy of the aforesaid order has been produced before this Court which is being taken on record.

Learned A.G.A. has opposed the prayer for bail.

Perused the first information report as well as averments contained in the bail application.

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 Noor Hasan, involved in case crime No. 138 of 2012,  under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act,  police station Qutub Sher,  District Saharanpur  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 on the following conditions that:-

1.   The applicant shall not tamper with the prosecution evidence;

2.  The applicant shall not pressurize the prosecution witnesses;

3.  The applicant shall appear on the date fixed by the trial court.

4.   The applicant shall appear on 15th of every month before the police station concerned to show his good conduct and behaviour.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically be cancelled.

Order Date :- 6.12.2012/faraz