Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30095 of 2021 Applicant :- Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Zafeer Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Zafeer Ahmad,learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 65 of 2020, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Patwai, District-Rampur, during pendency of trial.
It is submitted by learned counsel for the applicant that on 03.04.2020, the Police has lodged the F.I.R. against one unknown person for the alleged offence under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955. The main substratum of argument of learned counsel for the applicant is that during investigation name of 16 persons came into light including the applicant, thereafter, he was arrested. It is further submitted that the other co-accused persons having identical role, namely, Mohd. Usman Khan, Ifteyar and Ahmad Ali have been granted bail vide orders dated 23.02.2021, 19.10.2020 and 07.10.2020 by the co-ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 10306 of 2021, 32991 of 2020 and 31382 of 2020 respectively. It is next submitted that the case of present applicant stands on similar footing to that of aforesaid co-accused persons, who have been granted bail, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is also submitted that the criminal history of the applicant has been explained in paragraph no.16 to the affidavit filed in support of the bail application. The applicant is languishing in jail since 18.6.2021 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Guddu who is involved in the aforesaid case crime number be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 12.8.2021 Akbar