Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 15578 of 2021 Applicant :- Bilal Ahmad Opposite Party :- State of U.P.
Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard over bail application moved by applicant Bilal Ahmad to release him on bail in Case Crime No. 52 of 2021, under section 307 IPC and Section 3/5Ka/5Kha/8 Prevention of Cow Slaughter Act, Police Station Saini, District Kaushambi.
Heard learned counsel for the applicant and learned AGA representing the State. Perused the record.
Learned counsel for the applicant argued that the applicant is innocent and he has been falsely implicated in this very case crime number. Applicant is in jail since 18.2.2021 and there is no likelihood of applicant's fleeing from course of justice or tempering with evidence in case he is released on bail. Applicant is of no criminal antecedents. It is not a case of slaughtering rather a case of alleged transportation wherein applicant was said to be driver of vehicle concerned. The other co-accused Mohd. Sarvar, who was in that vehicle, has been enlarged on bail by co-ordinate Bench of this Court on 17.3.2021 in Criminal Misc. Bail Application No. 14767 of 2021. First information report itself shows that no injury to any police personnel was there. It was a false implication and alleged cow species were said to be of two other persons who have been added as co-accused. Applicant is mere driver. Hence bail has been prayed for during trial.
Learned AGA has vehemently opposed the bail application, but could not dispute the fact that applicant is of no criminal antecedents.
Having heard learned counsel for both sides and gone through materials on record, it is apparent that accused-applicant was said to be driver of truck loaded with cow species which belong to co-accused Nazim and Gulam Waris and other co-accused Mohd. Sarver has been enlarged on bail as above.
Under all above facts and circumstances, the nature of accusations, severity of the punishment in the case of conviction and without expressing any opinion on the merits of the case, this court is of the view that the applicant may be enlarged on bail with certain conditions.
Accordingly, the bail application is allowed.
Let the applicant, Bilal Ahmad, involved in above mentioned case crime number be released on bail on his executing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence.
2. The applicant will not indulge in any criminal activity.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
6. The computer generated copy of such order shall be self attested by counsel of the party concerned.
7. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 4.5.2021 Ravi Prakash