Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47156 of 2021 Applicant :- Afzal Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Shyam Babu Vaish, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant- Afzal in Case Crime No. 772 of 2020, under Sections 3/5A/8 of Cow Slaughter Act, Police Station- Gulaothi, District- Bulandshahr, with the prayer to enlarge him on bail during trial.
The submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant is not arrested on the spot and the applicant is said to have fled from the place of occurrence. The name of the applicant surfaced in the confessional statement of accused persons who were arrested on the spot. There is no independent or public witness of alleged recovery. The applicant has a criminal history of seventeen cases, in all the cases applicant has been enlarged on bail. The copy of bail orders has been annexed as Annexure-SA-1 to the supplementary affidavit filed in support of bail application. There is no early prospect of conclusion of trial. So, the applicant, who is languishing in jail since 15.09.2021, deserves to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but could not point out anything material to the contrary.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and evidence available on record, without expressing any opinion on merits of the case, this Court is of the view that the applicant is entitled to be released on bail.
The bail application is allowed.
Let applicant- Afzal be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 24.12.2021 Vikas