Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11559 of 2021 Applicant :- Mustqeem Opposite Party :- State of U.P. Counsel for Applicant :- Firdos Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Vinod Kumar Yadav, Advocate holding brief of Sri Firdos Ahmad, learned counsel for the applicant and Sri A.D. Mishra, learned A.G.A. for State and perused the record.
This application under Section 439 Cr.P.C. has been moved seeking bail in Case Crime No. 14 of 2021 under Sections 3/5/8 Cow Slaughter Act, Police Station Bilariyaganj, District Azamgarh, during the pendency of trial.
Submission made by the learned counsel for the applicant is that recovery of 37 Kg and 600 gram beef is said to have been made from the accused applicant of which there is no public witness. He is person of 62 years who could not have indulged in such kind of offence. Co-accused who are said to have fled from the scene of occurrence namely Shahnawaz, Anwar and another and Arman, out of them first two have been granted anticipatory bail in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 3400 of 2021 and 5453 of 2021 vide orders dated 19.2.2021 and 3.3.2021 respectively, while Arnam has been granted regular bail in Crl. Misc. Bail Application No. 13230 of 2021 vide order dated 22.3.2021, copies of the bail orders are taken on record. As regards criminal history, there was one case against the applicant being crime no. 156 of 2015 in which arrest has been stayed till the next date in Application u/s 482 Cr.P.C. No. 845 of 2018 which pertains to Section 323, 504, 498A IPC and 3/4 D.P. Act. Applicant is in jail since 21.1.2021. He has no other criminal history. If released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail, but has not controverted the aforesaid fact.
In view of above arguments, looking to the fact, taking into consideration the quantum of punishment, nature of offence, there are no chances of accused fleeing from justice and period of detention, without expressing any opinion on the merits, this case is found to be a fit case for bail.
Let the applicant Mustqeem 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:-
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.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.
Order Date :- 6.4.2021 A.P. Pandey