Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30089 of 2021 Applicant :- Jaleel Ahmad @ Jalila Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Rejoinder affidavit filed today is taken on record.
Heard Sri Kamal Kumar, , learned counsel for the applicant, learned AGA for the State and perused the record.
The instant bail application has been filed on behalf of the applicant seeking bail in Case Crime No.0191 of 2021, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Prevention Act, 1980 and Sections 269 & 270 I.P.C. and Section 3 Epidemic Act, Police Station Bilaspur, District Rampur during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is not named in the F.I.R., he is innocent and has falsely been implicated in the present case. It is also contended by learned Counsel for the applicant that the applicant was not arrested at the spot, and the recovered meat (beef) has not been sent to be examined or analyzed by the Forensic Laboratory. It is further contended by learned counsel for the applicant that co-accused- Matloob having identical role to the applicant had already been enlarged on bail by this Court vide order dated 9.8.2021 in Criminal Misc. Bail Application No. 27711 of 2021, hence the applicant is entitled for bail on the ground of parity. Applicant is in jail since 20.6.2021 having criminal history of two cases which has explained in paragraph no.2 to the rejoinder affidavit.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Keeping in view the nature of the offence, argument advanced on behalf of the parties, spreading of novel corona virus in jails, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018)3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant, Jaleel Ahmad @ Jalila who is involved in the aforesaid case crime number 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.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad. The concerned Court shall verify the authenticity of such computerized copy of the order from the official website of High Court, Allahabad.
Order Date :- 12.8.2021 Akbar