Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48402 of 2020 Applicant :- Ashraf@ Fauji Opposite Party :- State of U.P.
Counsel for Applicant :- ,Jamaluddin Mohd. Nasir Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of State, is taken on record.
Heard learned counsel for the applicant, Sri Sanjay Singh, learned AGA-I, appearing for the State and perused the material brought on record.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to local party bandi. There is no independent witness of the alleged incident. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown from the possession of the applicant, which is planted. Criminal history of the applicant has properly been explained in para 12 to the affidavit filed in support of bail application. The applicant is in jail since 21.06.2020.
Learned A.G.A. has vehemently opposed the prayer.
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.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let applicant- Ashraf @ Fauji, be released on bail in Case Crime No. 44 of 2020, under Sections- 429 IPC and Section 3/5/8 Cow Slaughter Act and Section 3/11 Animal Cruelty Act, Police Station- Kharkhauda, District- Meerut, on furnishing a personal bond and two sureties of Rs. Two Lacs each (One should be of a family member) before the magistrate/court concerned, subject to following conditions:-
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The trial court is directed to expedite the trial of the present case and conclude the same expeditiously preferably within a period of six months from the date of production of a certified copy of this order, if there is no legal impediment.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 30.7.2021 Arti