Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28801 of 2021 Applicant :- Najare Alam Opposite Party :- State of U.P. Counsel for Applicant :- Ajai Kumar Counsel for Opposite Party :- G.A.
Hon'ble Naveen Srivastava,J.
Heard learned counsel for the applicant as well as learned AGA for the State and perused the record.
The applicant seeks bail in Case Crime No. 185 of 2021, under Sections 3/5/8 Prevention of Cow Slaughter Act, at Police Station Bhojpur, District Moradabad.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicant committed no offence. A false and fabricated story has been set up by the police. It is further submitted that neither applicant has been arrested on the spot nor any incriminating has been recovered from his possession. It is further submitted that name of the applicant has surfaced from the confessional statement of co-accused who were arrested on the spot. Applicant is in jail since 19.06.2021. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application but could not dispute the arguments advanced by learned Counsel for the applicant.
Considering the facts and circumstances of the case, rival contention of learned counsel for the parties, detention of applicant in jail, severity of punishment in case of conviction, alleged recovery from the possession of the applicant and without commenting upon the merit of the case, applicant deserves bail.
Accordingly, bail application is allowed.
Let applicant- Najare Alam be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
1. The applicant shall not tamper with the prosecution evidence.
2. The applicant shall not threaten or harass the prosecution witnesses.
3. The applicant shall appear on the date fixed by the trial court.
4. The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission.
5. 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
6. The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
7. The computer generated copy of such order shall be self attested by counsel of the party concerned.
8. 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.
In the event of breach of any of the aforesaid conditions, the court below will be at liberty to proceed to cancel his bail.
Order Date :- 13.8.2021/AKT