Court No. - 48
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28132 of 2021 Applicant :- Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 103 of 2021, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, P.S. Mainather, District Moradabad, during pendency of the trial.
The allegation against the applicant is that 100 kg. of beef has been recovered from joint possession of applicant and co- accused.
It is argued by the learned counsel for the applicant that the applicant is quite innocent and has been falsely implicated in the present case by the informant due to enmity; the name of the applicant surfaced in the confessional statement of co-accused; there is no independent witness of the alleged recovery. It is submitted that no offence under U.P. Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act. The submission is that whenever any meat is recovered, it is normally shown as cow meat (beef) without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicants are not a previous convict. The applicants are languishing in jail since 28.06.2021 and in case they are enlarged on bail they will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Alam, who is involved in the aforesaid case 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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 :- 12.8.2021 Meenu