Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46490 of 2021 Applicant :- Qamre Alam Opposite Party :- State of U.P.
Counsel for Applicant :- Saleem Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Aslam,J.
Heard learned counsel for the applicant, learned A.G.A. for the State.
It is alleged that on 22.02.2021, D.C.M. Vehicle was apprehended, from which, 22 animals of cow and bull progeny were recovered. One animal out of them have died. It is contended by learned counsel for the applicant that D.C.M. Vehicle was in the name of his father and he is pursuing for release of D.C.M. Vehicle. It is further contended that the applicant is innocent and he has been falsely implicated in the present case. It has been further argued that the applicant is languishing in jail since 02.09.2021 and that, in case, he is released on bail, he will not misuse the liberty of bail and will co-operate with the trial.
Learned A.G.A. though opposed the prayer for bail but he could not dispute that fact that applicant was not arrested on the spot and vehicle was not in his name.
I have gone through the record.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant Qamre Alam involved in Case Crime No.50 of 2021, Under Sections 3/5A/8 U.P. Prevention of Cow Slaughter Act-1955 and Section 11 Prevention of Cruelty to Animal Act-1960, Police Station- Gopiganj, District- Bhadohi, be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:-
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the prosecution shall be at liberty to seek cancellation of bail in accordance with law.
The party may file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by pairokar of the applicant.
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.
Order Date :- 21.12.2021 Jyotsana