Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46406 of 2021 Applicant :- Mohd. Umar Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Shri Deepak Kumar, learned counsel for the applicant, 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 applicant-Mohd. Umar for enlarging him on bail in connection with Case Crime No. 625 of 2021, under Section 3/5/8 of Cow Slaughter Act registered at Police Station Kotwali Shahar, District Bijnor.
The Bail Application No. 2249 of 2021, so preferred by the applicant, has been rejected on 07.10.2021 by the Court of Additional District Judge/Regular, Bijnor.
Learned counsel for the applicant has argued that the FIR has been lodged by Sub-Inspector Shri Abhilash Pradhan against the applicant and three others under Section 3/5/8 of Cow Slaughter Act at Police Station Kotwali Shahar, Bijnor being FIR No. 0625 of 2021 with an allegation that the applicant along with co-accused were found to have committed the act of slaughtering the cow. Learned counsel for the applicant has further argued that the applicant has been falsely implicated in this case as there is neither any independent witness against the applicant nor anything has been recovered from the possession of the applicant. Learned counsel for the applicant has also relied upon an order dated 27.11.2021 passed in Criminal Misc. Bail Application No. 43760 of 2021 (Shakeel vs. State of U.P.), wherein, co-accused Shakeel had already been granted bail by a co-ordinate Bench of this Court. Learned counsel for the applicant has further drawn the attention of the Court towards paragraph 7 of the paper book so as to contend that the applicant has no criminal history and is in jail since 11.09.2021. 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 applicant. However, learned A.G.A. could not dispute the factual aspects which has been argued by the learned counsel for the applicant.
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 applicant- Mohd. Umar involved in aforesaid crime 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 with the following conditions that :-
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.
(iv) 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.
(v) Identity, status and residence proof of the applicant 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 applicant 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