Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46240 of 2021 Applicant :- Jakeem @ Jakeel And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Raja Ullah Khan Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Shri Razaullah Khan, learned counsel for the applicants, and Shri L.D. Rajbhar, learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicants- Jakeem @ Jakeel and Rafat Ali for enlarging them on bail in connection with Case Crime No. 35 of 2020, under Section 3/5/8 Prevention of Cow Slaughter Act registered at P.S. Nigohi, District Shahjahanpur.
The Bail Application No. 2863 of 2021, so preferred by the applicant, has been rejected by the court below, on 14.10.2021.
Learned counsel for the applicants has argued that the FIR has been lodged on 27.01.2020 against the applicants who are two in number along with five co-accused before Police Station Nigohi, District Shahjahanpur being FIR No. 0035 of 2020, under Section 3/5/8 Prevention of Cow Slaughter Act alleging that the applicants along with co-accused were found to have been indulged in the slaughtering of the cow itself. Learned counsel for the applicants has submitted that one of the co- accused being Kadeer was caught but there was no recovery made from the applicants itself and they were also not found on the site of the occurrence. The counsel for the applicants has further submitted that no offence under the Sections of Prevention of Cow Slaughter Act have been committed by them and no cognizable offence of the U.P. Prevention of Cow Slaughter Act, 1955 is made out against them and the offence is triable by the Magistrate and the maximum sentence is of seven years. Learned counsel for the applicants has further argued that there was no independent witness who saw the happening of the said incident. Learned counsel for the applicants has also drawn the attention of this Court towards the order dated 20.10.2020, passed by a co-ordianate Bench of this Court in Criminal Misc. Bail Application NO. 34042 of 2020. Learned counsel for the applicants has further invited the attention of this Court towards para no. 15 so as to contend that there is no criminal history of the applicant and he is unnecessarily being harassed and is in jail since 06.10.2021. He lastly submits that if the accused is released on bail, he will not misuse the liberty of bail.
Countering the said submission, learned A.G.A., has vehemently argued that this is not a fit case, wherein bail should be granted in favour of the applicants. However, learned A.G.A. could not dispute the factual aspects which has been argued by the learned counsel for the applicants.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicants-Jakeem @ Jakeel and Rafat Ali involved in aforesaid crime be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicants shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.
(v) Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 21.12.2021 Saurabh