Court No. - 73
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 55865 of 2019 Applicant :- Azam Opposite Party :- State of U.P. Counsel for Applicant :- Zafar Abbas Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard Mr. N.I. Jafri, learned Senior Advocate assisted by Mr. Zafar Abbas, learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, who is involved in Case Crime No. 461 of 2019, under Sections 420, 467, 468, 471, 269, 270, 429, 34 IPC and Section 3/11 Ka (Tha) of the Prevention of Cruelty to Animals Act, police station Galshaheed, district Moradabad, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that the main allegation in this case is that police has recovered 65-70 quintal of buffalo meat and the first information report dated 24.10.2019 was lodged against 64 named accused persons alleging that out of them, 46 persons have been arrested on the spot and out of aforesaid 46 persons, 38 persons were doing the labor work for loading and unloading the recovered buffalo meat. It is further submitted that the applicant is also a labourer and has no concern with the recovered meat and he was engaged only for the purpose of cutting, loading and unloading of the said meat. It is also submitted that the applicant is not the beneficiary in this case in any manner and has no criminal history to his credit. The case of the present applicant is distinguishable from the case of those accused persons, who are beneficiary in this case. It is contended by learned counsel for the applicant that the applicant is absolutely innocent and has falsely been implicated in the present case with some ulterior motive. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant is facing detention since 24.10.2019. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant, Azam be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
i) The applicant will not tamper with prosecution evidence and will not harm or harass the victim/complainant in any manner whatsoever.
ii) The applicant will abide the orders of court, will attend the court on every date and will not delay the disposal of trial in any manner whatsoever.
(iii) The applicant will not indulge in any unlawful activities.
(iv) The applicant will not misuse the liberty of bail in any manner whatsoever.
The identity, status and residential proof of sureties will be verified by court concerned and in case of breach of any of the conditions mentioned above, court concerned will be at liberty to cancel the bail and send the applicant to prison.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. It is further clarified that the trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 17.12.2019 Sumaira