Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42124 of 2021 Applicant :- Naseem Opposite Party :- State of U.P.
Counsel for Applicant :- Amir Khan,Shami Ullah Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 249 of 2021, under Section 3/5A/5B/8 U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Taryasujan, District- Kushinagar.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Nothing has been recovered from the possession of the applicant. The recovery shown against the applicant in the recovery memo, is false and fabricated. There is no independent witness in the present case whereas the occurrence place is a densely populated area. The allegations levelled against the applicant are fully false and baseless and case under aforesaid Sections is not made out against him. Further submitted that prosecution story is highly improbable and concocted one, upon which no reliance can be placed. The applicant neither the owner nor the driver of the vehicle in which transportation of animals was being carried out. The applicant has no criminal history; he is languishing in jail since 10.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail but could not dispute the facts as raised by the learned counsel for the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that there is no criminal antecedent of the applicant and no incriminating article relating to slaughtering has been recovered from the possession of the applicant, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Naseem involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 21.12.2021 VPS