Heard Sri Rakesh Pati Tiwari, 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- Ibran @ Gate with a prayer to release him on bail in Case Crime No. 145 of 2021, registered under Section 307 I.P.C. and Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Animals Cruelty Act, Police Station Bhuta, District Bareilly during pendency of the trial.
As per FIR version, 50 kg beef and one country made pistol has been recovered from the possession of three accused.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to mala fide intention. He next contended that story narrated in the FIR appears to be concocted and false. Recovered weapon from the possession of the applicant not used in firing. No one has received injury and no independent witness of the alleged recovery. Co-accused, namely, Shareef @ Bade and Sabir, named in the FIR but not arrested from the spot, have been granted bail by court below by order dated 28.06.2021 and 14.07.2021, the said fact has been stated in para 23 of the affidavit. He next argued that applicant is not owner of the motorcycle and alleged recovery has been shown from the public place but there is no eye-witness for the same. The applicant has no criminal history and he is languishing in jail since 08.06.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and co-operate in trial.
Learned A.G.A. has opposed the bail prayer of the applicant.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Ibran @ Gate, who is involved in aforesaid case crime 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.
4. The applicant shall be enlarged on bail on execution of personal bond without sureties till normal functioning of the courts is restored. The accused will furnish sureties to the satisfaction of the court below within a month after normal functioning of the courts are restored.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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.
Order Date :- 18.8.2021 Nitin Verma