Allahabad High Court
Riyaz @ Gabbar vs State Of U.P. on 6 June, 2017
Bench: Vijay Lakshmi
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 52
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20047 of 2017
Applicant :- Riyaz @ Gabbar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Shri Prakash Dwivedi
Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Vijay Lakshmi,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant has contended that the applicant is innocent; he has been falsely implicated in this case on account of ulterior motive; he has not been apprehended on the spot; it has been alleged that he was amongst the culprits, who have run away after seeing the police; the police has arrested the applicant from his house and the applicant had no concern with the other co-accused persons or the act of cow slaughtering. It is further contended that co-accused Suresh Kumar Maurya has already been enlarged on bail vide order dated 8.3.2017 passed in Criminal Misc. Bail Application No. 8890 of 2017 whereas the applicant is languishing in jail since 24.4.2017. It is lastly contended that there is no likelihood of early disposal of the trial and the applicant undertakes that if released on bail, he will never misuse his liberty and will cooperate in trial.
Learned AGA has opposed the bail application but he could not point out any thing relevant to contradict the aforesaid submissions.
After perusing the record in the light of the submissions made at the Bar, considering the entire facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Let the applicant, Riyaz @ Gabbar, involved in Case Crime No. 58 of 2017, under sections 3/5A/8 of Prevfention of Cow Slaughter Act and section 11 of the Animal Cruelty Act, P.S. Padari, District Mirzapur, be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 6.6.2017
Pcl
