Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44058 of 2021 Applicant :- Firoz Khan Opposite Party :- State of U.P.
Counsel for Applicant :- Shyam Sunder Mishra,Syed Mohammed Jafer Husain,Syed Wajid Ali Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in case crime No.219 of 2021, under Section 3/5/8 Cow Slaughter Act, police station Khakhreru, District Fatehpur with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicant that accused-applicant is innocent and he has been falsely implicated in this case. The case pertains to recovery of 15 Kg beef from the applicant and that there is no independent witness of alleged recovery and in fact it was planted upon applicant and co-accused. It was also submitted that there is no evidence of slaughtering against the applicant and that the alleged offences are triable by the court of Magistrate. It has been submitted that similarly placed co-accused persons have already been granted bail by the Sessions Court. It has further been argued that applicant is in judicial custody since 11.09.2021 and in case, the applicant is enlarged on bail, applicant will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicant Firoz Khan involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicant will not tamper with the evidence during trial.
2. The applicant will not pressurize/intimidate the prosecution witnesses.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicant in accordance with law.
Order Date :- 28.10.2021 Neeraj