Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41671 of 2021 Applicant :- Nasir Opposite Party :- State of U.P.
Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.371 of 2021, under Sections 3/5/8 of Cow Slaughter Act, Police Station- Bhognipur, District- Kanpur Dehat.
Learned counsel for the applicant submitted that the accused- applicant is innocent and has been falsely implicated. The alleged recovery is false and fabricated. There is no independent witness. The applicant has been falsely implicated as he has failed to fulfill illegal demand of the concerned police. Learned counsel for the applicant submitted that co-accused Mumtaz Ahmad has been enlarged on bail by the co-ordinate Bench of this Court vide order dated 09.12.2021 in Criminal Misc. Bail Application No.40346 of 2021. The applicant who is in jail since 17.08.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. has opposed the prayer for bail and submitted that accused has been arrested on the spot by the police and 340 kg. beef and other weapons of meat cutting has been recovered from his possession but did not disputed the aforesaid facts that co-accused has been enlarged on bail.
Considering the rival contentions of the parties, allegations of the F.I.R., the material on record, nature of offence, evidence, complicity of accused, severity of punishment and all attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Nasir involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 21.12.2021 Krishna*