The court considered the lack of independent witness and absence of incriminating evidence as grounds for granting bail.

JUDGMENT :

1. Heard Sri Rehan Ahmad Siddiqui, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 107 of 2018, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station Tambour, District Sitapur.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on23.04.2018 against seven persons, including the applicant, stating that on the basis of an information received from a mukhbir, five persons riding two motorcycles were apprehended. Two persons were arrested on the spot and the other three persons escaped on the other motorcycle.

4. A cow skin was recovered from the persons arrested. In their custodial statements, the arrested persons stated that the applicant was also involved in commission of offence.

5. In the affidavit filed in support of the application, the applicant's involvement in ten other cases has been disclosed, in eight of which the applicant has already been granted bail, one case under the Gooda's Act stands closed upon expiry of the stipulated period, and in two cases the applicant has not been summoned till date.

6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the only recovery in the present case is of a cow skin, which recovery has not been witnessed by any independent person and that the applicant has been implicated solely on the basis of custodial statement of the co-accused persons and no incriminating evidence has been recovered from his possession, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid case.

7. Accordingly, this bail application stands allowed.

8. Let the applicant-Intzaar be released on bail in CCase Crime No. 107 of 2018, under Sections 3/5/8 Prevention of Cow Slaughter Act, Police Station Tambour, District Sitapur 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 shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court.