Court No. - 77
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24947 of 2021 Applicant :- Islam Ali Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Kumar Kesari 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 has been filed by the applicant seeking bail in Case Crime No. 205 of 2021, under Section 3/5/8 U.P. Cow Slaughter Act, Police Station Dhaulana, District Hapur, during pendency of trial.
Submission of learned counsel for the applicant is that the applicant is not arrested from the place of occurrence and no recovery has been made from the possession of the applicant. He has further submitted that the applicant has been named in the present case on the basis of confessional statement of co- accused Ismile and Akaram. There is no independent witness of the alleged recovery memo. Applicant is innocent and has been falsely implicated. There is no evidence on record against the applicant to prove the offence against him. No offence is made out against the applicant. Only one case of criminal history against him, in which the applicant has been granted bail. He has next submitted that the applicant is languishing in jail since 28.05.2021. In case, the applicant is released on bail, he will not misuse the liberty of bail and will co-operate in the trial by all means. There is no chance of applicant fleeing from judicial process or tampering with the witnesses, as such he be released on bail.
Per contra, learned A.G.A. opposed the prayer for bail and fairly conceded that the applicant is named in the present case on the basis of confessional statements of co-accused.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, complicity of accused, nature and severity of punishment, in case of conviction and all other attending circumstances were duly considered.
Considering the rival submissions of the learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that the applicant has been implicated in the present case on the basis of confessional statement of co-
accused Ismile and Akaram and nothing has been recovered from the possession of the applicant, without commenting upon merits of the case, a case for bail is made out.
The bail application is accordingly allowed.
Let the applicant Islam Ali be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-
1. The applicant will continue to attend and co-operate in the trial pending before the court concerned on the dates fixed after release.
2. The applicant will not tamper with the witnesses.
3. The applicant will not indulge in any illegal activities during the bail period.
It is further directed that the identity, status and residence proof of the sureties be verified by the authorities concerned before they are accepted.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
The party shall file computer generated copy of order downloaded from the official website of the High Court, Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the parties concerned.
The concerned authority/court/official shall verify the authenticity of the computerized copy of the order from the official website of the High Court, Allahabad and shall make a declaration of such verification in writing.
Order Date :- 30.7.2021 v.k.updh.