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2015 DIGILAW 1612 (ALL)

Babbo v. State of U. P.

2015-06-24

HARSH KUMAR

body2015
JUDGMENT Harsh Kumar, J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. It is contended on behalf of the applicant that the applicant has been falsely implicated in the present case due to political enmity; that the prosecution version is wrong and highly improbable; that the applicant did neither commit theft of cow of first informant nor committed slaughter of above cow; that as per the averments made in the FIR, the first informant alongwith two persons made search of his cow and found the applicant slaughtering the cow and when they reached he fled away with cow flesh alongwith instruments of slaughtering leaving head of cow, which is highly improbable as nobody can flee away with flesh of cow; that the applicant was falsely implicated in four cases, at the same time, in three cases of which he is on bail while bail is pending under section 2/3 of U.P. Gangster Act; that the applicant has no criminal history; that the applicant is in custody since 29.4.2015 and may kindly be released on bail. 3. Learned A.G.A. opposed the prayer of bail and contends that the applicant has criminal history of four cases incluidng one more case of Cow Slaughter Act. 4. Upon hearing the counsel and perusal of record as well as considering the complicity of accused, severity of punishment as well totality of facts and circumstances, at this stage without expressing any opinion on the merits of the case, I find it a fit case for bail. 5. 4. Upon hearing the counsel and perusal of record as well as considering the complicity of accused, severity of punishment as well totality of facts and circumstances, at this stage without expressing any opinion on the merits of the case, I find it a fit case for bail. 5. Let the applicant Babbo be released on bail in Case Crime No. 125 of 2014, under section 379 IPC and 5/8 Cow Slaughter Act, P.S. Jahanabad, District Fatehpur on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions: - (i) The applicant will cooperate with the trial and remain present personally on each and every date fixed for framing of charge, recording of evidence as well as recording of statement under Section 313 Cr.P.C. or through counsel on other dates and in absence without sufficient cause, it will be deemed that they are abusing the liberty of bail enabling the court concerned to take necessary action in accordance with the provisions of Section 82 Cr.P.C. or Sections 174A and 229A I.P.C. (ii) The applicant will not tamper the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not harm and harass the victim in any manner whatsoever. (iv) The applicant will not indulge in any unlawful activities. The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicants to prison.