Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44161 of 2021 Applicant :- Nisar Opposite Party :- State of U.P. Counsel for Applicant :- Sumit Goyal 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. 110 of 2020, under Section 3/5A/8 of Cow Slaughter Act, registered at P.S.- Behat, District- Saharanpur.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. Neither any beef nor any article relating to slaughtering has been recovered from the possession of applicant or on his pointing out. There is no independent witness in the present case. The allegations levelled against the applicant are fully false and baseless and case under Section 3/5A/8 of Cow Slaughter Act is not made out against him. Criminal history of applicant has been explained in para no. 11 of the affidavit in support of bail application. Further submitted that the co- accused Israr and Smt. Shama have been granted bail by Co- ordinate Bench of this Court in Criminal Misc. Bail Application Nos. 12762 of 2021 & 32934 of 2021 vide order dated 18.03.2021 & 19.08.2021 respectively and claimed parity. The applicant is languishing in jail since 14.07.2021.
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.
In view of the above, on the ground of parity, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Nisar 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 :- 17.12.2021 VPS