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2019 DIGILAW 2090 (ALL)

Mutruja Kuraishi v. State Of U. P.

2019-09-11

UMESH KUMAR

body2019
JUDGMENT : Umesh Kumar, J. 1. Applicant- Mutruja Kuraishi seeks bail in Case Crime No. 100 of 2019, under Sections 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, and Section 11 of the Prevention of Cruelty to Animals Act 1960, Police Station-Dildar Nagar, District-Ghazipur. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. It has been argued by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in this case due to enmity regarding election canvassing; nothing has been recovered from the possession of the applicant nor he was arrested from the spot; there is no eye witness of the alleged recovery of the animals. It has been lastly submitted that applicant is in jail since 27.7.2019. On these grounds bail is prayed. 4. Bail has been opposed by learned A.G.A. on behalf of the State. 5. Keeping in view the nature of offence, evidence, complicity of the accused, severity of punishment, submissions of the learned counsel for the parties and without expressing any opinion on the merits of the case in my opinion the accused applicant is entitled for bail. 6. Let the above mentioned applicant involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :- 1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial. 2. He will cooperate in the trial bona-fidely without seeking adjournments. 3. He shall not indulge in any criminal activity or commission of any crime after being released on bail. 7. 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 concerned before the bonds are accepted.