Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43108 of 2021 Applicant :- Hasin Kureshi Opposite Party :- State of U.P.
Counsel for Applicant :- Rajeev Upadhyay Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 17 of 2021 under Section 3/5/8 of Cow Slaughter Act registered at P.S.- Jahanganj, District- Farrukhabad.
Submission of learned counsel for the applicant is that applicant is innocent and has been falsely implicated in this case. He has not committed the alleged offence. Applicant was not arrested on the spot. Nothing incriminating has been recovered from the possession of the applicant. Co-accused, Kasim who was arrested on the spot, has been granted bail by coordinate Bench of this Court in Crl. Misc. Bail Application No. 16609 of 2021 on 17.06.2021 and said that case of the applicant stands at better footing from the case of co-accused who has been granted bail. Further submitted that the applicant is languishing in jail since 12.02.2021.
Per contra, learned A.G.A. opposed the prayer for bail, however conceded the factum that co-accused who was arrested on the spot, has been granted bail whereas applicant was not arrested on the spot.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
In view of the above, without commenting upon merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Hasin Kureshi involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 23.12.2021 A. Mandhani