Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49796 of 2021 Applicant :- Mohd.Adnan Qureshi Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Mohammad Abbas Abdy Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Syed Mohammad Abbas Abdy, learned counsel for the applicant and Sri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.0602 of 2021 at Police Station-Chakeri District-Poorvi (Commissionerate Kanpur Nagar) under Section 429 IPC, Sections 3/5/8 of the Cow Slaughter Act and Section 11 Animal Cruelty Act.
The bail application of the applicant was rejected by learned Additional District and Sessions Judge, Kanpur Nagar on 29.09.2021.
The applicant is in jail since 06.07.2021, pursuant to the said F.I.R.
Shri Syed Mohd. Abbas Abdi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. No specific role of slaughtering cow has been assigned to the applicant. There is no gap in the gate which can afford a view to the inside of the house. No forensic science laboratory report has been submitted which confirms that the substance allegedly recovered is prohibited cow meat. No meat has been recovered from the applicant. Only incriminating evidence against the applicant is the confessional statement made by him before the police authorities. The aforesaid statement was extracted by coercion and made under duress. The applicant does not have criminal history apart from this case. Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned brief holder could not satisfactorily dispute the aforesaid submissions from the record. Learned brief holder does not dispute the fact that the applicant does not have criminal history apart from this case.
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.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Mohd.Adnan Qureshi involved in Case Crime No.602 of 2021 at Police Station- Chakeri District- Kanpur Nagar under Section 429 IPC, Sections 3/5/8 of the Cow Slaughter Act and Section 11Prevention of Cruelty Animal Act, 1960, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions.
1. The applicant will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant 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.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 23.12.2021 Nadeem