Allahabad High Court
Nadeem vs State Of U.P. on 8 October, 2018
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 50
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36625 of 2018
Applicant :- Nadeem
Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohammad Belal
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, learned AGA for the State and perused the record.
This bail application has been filed by the applicant Nadeem seeking bail in Case Crime No. 20 of 2018, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Hapur Dehat, District Hapur.
Learned counsel for the applicant has submitted that according to the prosecution case, FIR was lodged against as many as four persons including the applicant and 350 Kg of beef and some instruments of slaughtering was recovered from Maruti Zen by the police. During the course of investigation, it was found that the applicant Nadeem along with other co-accused Alam, Imran and Inam are involved in the case. After investigation, charge-sheet has been submitted.
Learned counsel for the applicant has further submitted that all the three co-accused Alam, Imran and Inam have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 24384 of 2018 and 24159 of 2018 vide orders dated 03.07.2018 and 18.07.2018.
He has further submitted that the applicant was not arrested on the spot and there is no independent witness to corroborate the prosecution case and the criminal history of the applicant has been explained in paragraph 4 of the supplementary affidavit.
He has further submitted that the applicant is in jail since 26.04.2018 and in case, the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial by all means. Lastly, it is submitted that there is no chance of applicant fleeing away from the judicial process and tampering with the evidence.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on merits of the case, I am of the view that the applicant has made out a case for bail.
Let the applicant Nadeem be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to the following conditions :-
(i) The applicant shall not indulge in any criminal activity.
(ii) The applicant shall not tamper with the prosecution evidence.
(iii) The applicant shall not pressurize the prosecution witnesses.
(iv) The applicant shall regularly appear on the dates fixed by the trial court unless his personal attendance is exempted by the trial court.
In case of default of any of the conditions enumerated above, it will be open to the opposite parties to approach the Court for cancellation of bail.
Order Date :- 8.10.2018/Nadim
