Heard the learned counsel for the accused/applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the accused/applicant- Mohd.Imran @ Salman for grant of bail, in Case Crime No. 652 of 2020, under Sections 279 and 427 I.P.C. & Section 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, P.S.Bachhrawan, District Rae Bareli, during trial.
Learned counsel for the accused-applicant while pressing the bail application submits that the accused-applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that neither the applicant was arrested from the spot nor any incriminating flesh has been recovered on his pointing out and his name has also surfaced in the confessional statement made by co-accused Aditya Yadav and apart from the statement of co-accused Aditya Yadav, there is no evidence available against the applicant and Investigating officer of the case has also submitted a charge sheet on the basis of insufficient material. It is further submitted that the vehicle from which the incriminating/prohibited flesh is stated to have been recovered is not belonged to the applicant in any way and co-accused Aditya Yadav, who has claimed himself to be the driver of that vehicle has been released on bail by coordinate Bench of this Court vide order dated 17.12.2020 passed in Bail No.10823 of 2020 and even the case of the applicant is on better footing to that of Aditya Yadav.
It is further submitted that the applicant is in jail in this matter since 23.10.2020 and is not having any criminal antecedents and there is no apprehension that after being released on bail he will flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A. on the basis of instructions received, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the other factual submissions made by the learned counsel for the accused-applicant including the fact that the co-accused Aditya Yadav standing on the similar footing has been released on bail by the coordinate Bench of this Court.
Having regard to the other facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant I find substance only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant - Mohd.Imran @ Salman involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) 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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 18.1.2021 Irfan