Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39755 of 2021 Applicant :- Rijwan Opposite Party :- State of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Shivakant, learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State.
A first information report was lodged as Case Crime No.0106 of 2020 at Police Station- Sultanpur Gosh District-Fatehpur under Sections 3/5/8 of the Cow Slaughter Act.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Fathepur on 01.09.2021.
The applicant is in jail since 06.08.2021, pursuant to the said F.I.R.
Shri Shivakant, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Recovery of cow meat was made from an open space in the jungle. No recovery has been made from the applicant. There is no independent witness to the recovery. The applicant has been falsely linked to the aforesaid recovery in order to frame him in this case. There is no forensic science laboratory report to confirm that the recovered meat is prohibited cow meat. Learned counsel for the applicant has explained the criminal history of the applicant and further contends that the applicant became a soft target for the police authorities who repeatedly nominate him in a number of cases only to burnish their professional credentials. The aforesaid cases have no bearing on the instant case.Lastly it is contended by the learned counsel for applicant that the applicant shall not abscond and will fully cooperate in the criminal law proceedings. The applicant shall not tamper with the evidence nor influence the witnesses in any manner.
Learned AGA could not satisfactorily dispute the aforesaid submissions from the record. However, learned AGA points out that criminal history of twelve cases has not been disclosed in the bail application. Rejoining the issue, learned counsel for the applicant contends that the aforesaid case has no bearing on the instant case.
Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
I see merit in the submissions of the learned counsel for the applicant and hold that the applicant is entitled to be enlarged on bail.
In the light of the preceding discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant-Rijwan involved in Case Crime No.106 of 2020 at Police Station- Sultanpur Gosh District-Fatehpur under Sections 3/5/8 of the Cow Slaughter Act, 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 will not tamper with the evidence during the trial.
2. The applicant will not influence any witness.
3. The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.
4. 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.
In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court.
Order Date :- 17.12.2021 Nadeem