Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44495 of 2021 Applicant :- Asif And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Ashfaq Ahmad Ansari, learned counsel for the applicants and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.288 of 2021 at Police Station-Meerganj, District-Bareilly under Section 3/5A/8 of the U.P. Prevention of Cow Slaughter Act.
The bail application of the applicants was rejected by learned Sessions Judge, Bareilly on 21.09.2021. The applicants are in jail since 29.08.2021, pursuant to the said F.I.R.
Shri Ashfaq Ahmad Ansari, learned counsel for the applicants contends that the applicants have been falsely implicated in the instant case. As per prosecution case, 50 Kg. cow meat was recovered from the four accused persons including the applicants. Cow meat was planted on the applicants to frame them in the instant case to show proficiency of police investigator. There is no independent witness to the recovery. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is a prohibited cow meat. Apart from the instant case, the applicants do not have any criminal history. Lastly it is contended by the learned counsel for applicants that the applicants shall not abscond and will fully cooperate in the criminal law proceedings. The applicants shall not tamper with the evidence nor influence the witnesses in any manner.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that the applicant no.2 has a criminal history of two cases under the Cow Slaughter Act and Gangster Act, which has not been disclosed in the bail application.
Rejoining the issue, Shri Ashfaq Ahmad Ansari, learned counsel for the applicants contends that the applicant No.2 has been falsely implicated in the aforesaid cases and the same has no bearing on the instant case.
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.
I see merit in the submissions of the learned counsel for the applicants and hold that the applicants are entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicants-Asif and Shabbeer involved in Case Crime No.288 of 2021 at Police Station- Meerganj, District-Bareilly under Section 3/5A/8 of the U.P. Prevention of Cow Slaughter Act, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicants will not tamper with the evidence during the trial.
2. The applicants will not influence any witness.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants 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 to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 24.12.2021 Ashish Tripathi