Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 26485 of 2021 Applicant :- Naeem Opposite Party :- State Of Uttar Pradesh Counsel for Applicant :- Mohd. Ashraf
Hon'ble Rajiv Joshi,J.
Order on Exemption Application Application is allowed.
The applicant is exempted from filing certified copy of the FIR as well as free copy bail rejection order dated 3.6.2021.
Order on Bail Application Heard Sri Mohd. Ashraf learned counsel for the applicant, learned AGA for the State and perused the record.
The present bail application has been filed on behalf of applicant, Naeem, with a prayer to release him on bail in Case Crime No. 190 of 2021, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, Police Station- Bithari Chainpur, District- Bareilly, during pendency of trial.
It has been submitted by learned counsel for the applicant that the applicant is innocent and has been falsely implicated in this case due to ulterior motive. As per allegations made in the First Information Report, 10 persons including the applicant were travelling in Tempo with one quintal beef. It is further submitted that no incriminating article has been recovered from the possession of the applicant and the alleged recovery of one quintal beef and other slaughtering instruments is made without complying the mandatory provisions of Section 100 Cr.P.C. It is also submitted that the co-accused, Jalaluddin, Husnain, Shahid on the identical role have been granted bail by this Court vide orders dated 23.07.2021, 03.08.2021 and 11.8.2021 in Criminal Misc.
Bail Application Nos. 25764 of 2021, 23802 of 2021 and 25465 of 2021. It is next submitted that there is no criminal antecedent to his credit. It is also submitted that there is also no possibility of the applicant either fleeing away from the judicial process or tampering with the witnesses. The applicant, who is languishing in jail since 14.05.2021, undertakes that he will not misuse the liberty, if granted. It has also been pointed out that in the wake of heavy pendency of cases in the Court, there is no likelihood of any early conclusion of trial.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the applicant, Naeem who is 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 subject to following conditions. Further, before issuing the release order, the sureties be verified.
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. He will not tamper with the witnesses.
3. He will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 16.8.2021 Sweety Digitally signed by Justice Rajiv Joshi Date: 2021.08.16 17:07:53 IST Reason: Document Owner Location: High Court of Judicature at Allahabad