Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35487 of 2021 Applicant :- Naushad And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No.13 of 2021, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of Prevention of Cruelty to Animals Act 1960 and Section 4/25 Arms Act, Police Station Pawai, District Azamgarh with the prayer to enlarge the applicant on bail.
It has been argued by learned counsel for the applicants that the applicants are innocent and they have been falsely implicated in the present case. As per prosecution total 30 kg. beef is alleged to have been recovered from the spot but applicants have not been arrested at spot and their involvement was shown on the basis of statement of co-accused persons. There is no independent witness of said recovery. Learned counsel for the applicants further submitted that the recovery is a planted one, the recovered item has not been sent for examination to the Forensic Laboratory till date. It is next contended that co- accused Faheem @ Ballu, Vinod @ Kajal @ Chandni @ Guruji @ Pushpaji, Eklakh @ Babbu, Rizwan Ahmad and Mainuddin have already been enlarged on bail by this Court, the copies of bail orders of co-accused persons are available on records. It has further been argued that applicants are in judicial custody since 04.08.2021 and in case, the applicants are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused persons, namely, Faheem @ Ballu, Vinod @ Kajal @ Chandni @ Guruji @ Pushpaji, Eklakh @ Babbu, Rizwan Ahmad and Mainuddin have already been enlarged on bail by this Court.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant and all the attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let the applicants Naushad and Arman involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned subject to the following conditions:
1. The applicants will not tamper with the evidence during trial.
2. The applicants will not pressurize/intimidate the prosecution witnesses.
3. The applicants will appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicants will not try to contact, threat or otherwise influence the complainant or any of the witness of the case.
In case of breach of any of the above condition, the trial court shall be at liberty to cancel the bail of applicants in accordance with law.
Order Date :- 26.10.2021 Neeraj