Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50010 of 2021 Applicant :- Ismail And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Raj Nath Bhakta Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard Sri Raj Nath Bhakta, learned counsel for the applicants as well as learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants- Ismail and Salman in Case Crime No. 0131 of 2021, under Sections 379, 34 I.P.C. and Section 3/5/8 Prevention of Cow Slaughter Act, Police Station- Asothar, District- Fatehpur, with the prayer to enlarge them on bail during trial.
The submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case. The applicants are not named in the first information report and their names came into light in the statement of other co-accused persons. The applicants were not arrested on the spot and they have surrendered before the court and nothing has been recovered form them. There is no early prospect of conclusion of trial. So, the applicants, who are languishing in jail since 28.09.2021, having no criminal history to their credit, deserve to be released on bail.
Per contra, learned A.G.A. has vehemently opposed the prayer for grant of bail to the applicant but he could not dispute that applicants were not arrested on the spot and no recovery has been made from them.
Considering the facts and circumstances of the case as also the submissions advanced by learned counsel for the parties and evidence available on record, without expressing any opinion on merits of the case, this Court is of the view that the applicants are entitled to be released on bail.
The bail application is allowed.
Let applicants- Ismail and Salman be released on bail in the aforesaid case crime number on each of them furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following conditions that:-
1. The applicants shall not tamper with the evidence during the trial.
2. The applicants shall not pressurize/intimidate the prosecution witness.
3. The applicants shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants shall not commit an offence similar to the offence of which they are accused, or suspected, of the commission of which they are suspected.
5. The applicants shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicants.
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 :- 22.12.2021 Vikas