Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39563 of 2021 Applicant :- Mursaleen Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Mukesh Joshi, 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.87 of 2021 at Police Station- Mundhapandey, District-Moradabad under Sections 3, 8 of the U.P. Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animal Act, 1960.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Court No.9, Moradabad on 03.09.2021.
The applicant is in jail since 20.08.2021, pursuant to the said F.I.R.
Shri Mukesh Joshi, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Only live stock was recovered from the applicant. No meat has been recovered from the applicant. The live stock is used by the applicant in his dairy business and agricultural activities. Apart from the instant case, the applicant does not have any criminal history. 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 A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that three criminal cases have not been disclosed by the applicant in the bail application.
Rejoining the issue, Shri Mukesh Joshi, learned counsel for the applicant contends that the applicant has been falsely implicated in the aforesaid cases and the same have no bearing on the instant 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-Mursaleen involved in Case Crime No.87 of 2021 at Police Station- Mundhapandey, District-Moradabad under Sections 3, 8 of the U.P. Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to 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 :- 17.12.2021 Ashish Tripathi