Kesar Vs. State Of U.P.
Allahabad High Court (Single Judge)
CRIMINAL MISC. BAIL APPLICATION, 26288 of 2017, Judgment Date: Jul 27, 2017
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. - 22
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26288 of 2017
Applicant :- Kesar
Opposite Party :- State Of U.P.
Counsel for Applicant :- Jag Narayan
Counsel for Opposite Party :- G.A.
Hon'ble Abhai Kumar,J.
The applicant is allowed to make necessary amendment in the application for bail at page nos. 1 and 2.
Heard learned counsel for the accused-applicant, learned A.G.A for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 646 of 2017, under Sections 3/5/8 Cow Slaughter Act and Section 295 Ka I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Gursahaiganj, District Kannauj with the prayer to enlarge him on� bail.
It is submitted by the learned counsel that the applicant was not named in the FIR and it is not made clear by the prosecution as to how the complicity of the applicant was revealed. It is also submitted by the learned counsel that similarly placed co-accused Shahrukh has already been granted bail in Criminal Misc. Bail Application No. 26314 of 2017. It is next contended that the applicant is in jail since 19.5.2017 with no previous criminal history and in case he is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A for the State has opposed the prayer for bail.
Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record and seeing the fact that similarly placed co-accused Shahrukh has already been granted bail, a prima facie case for bail is made out.
Let the applicant?Kesar, involved in Case Crime No. 646 of 2017, under Sections 3/5/8 Cow Slaughter Act and Section 295 Ka I.P.C. and Section 7 of Criminal Law Amendment Act, Police Station Gursahaiganj, District Kannauj, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -
1. The applicant shall co-operate in the investigation.
2. The applicant shall not tamper with the prosecution evidence.
3. The applicant shall not pressurize the prosecution witnesses.
4. The applicant shall appear on the date fixed by the trial Court.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. Identity, status and residence proof of the applicant and sureties be verified by the court before the bonds are accepted.
Order Date :- 27.7.2017
N.A.