Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42616 of 2021 Applicant :- Abusaad Opposite Party :- State of U.P.
Counsel for Applicant :- Shahzad Alam Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Shahzad Alam, learned counsel for the applicant, and Ms. Ladli Pandey, the learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of the applicant- Abusaad for enlarging him on bail in Case Crime No.162 of 2021, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, registered at Police Station-Nizamabad, District- Azamgarh.
The bail application so preferred by the applicant has been rejected by the court below on 18.9.2021.
Learned counsel for the applicant has argued that a first information report has been lodged by one Sri Akshay Kumar against the applicant and 2 others being FIR No. 0162 dated 4.9.2021 under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, registered at Police Station-Nizamabad, District- Azamgarh. Learned counsel for the applicant has further argued that applicant has been falsely implicated in the said case, as first of all there was no independent witness, so as to suggest that the applicant was indulged in slaughtering of the cow. Learned counsel for the applicant has further argued that the recovery so sought to be shown is forged and it is a concocted story, so sought to be cooked up. Learned counsel for the applicant has further argued that it is an act of enmity, which has become instrumental in lodging the FIR against the applicant. Learned counsel for the applicant has drawn the attention of this Court towards paragraph-16 of the application, so as to contend that there is no criminal history against the applicant and he is in jail since 4.9.2021. If the applicant is released on bail, he will not misuse the liberty of bail.
Countering the above submission learned AGA for the State has though vehemently opposed the bail, but could not dispute the fact that there is no criminal history assigned to the applicant.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Abusaad 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 :-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 22.12.2021 N.S.Rathour