Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52059 of 2021 Applicant :- Roman Ahmad Opposite Party :- State Of U.P Thru Secretary Home Govt. Up. Lknw.
Counsel for Applicant :- Jainendra Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ajay Bhanot,J.
Heard Shri Jainendra Kumar Pandey, learned counsel for the applicant and Shri Anupam Anand, learned brief holder for the State.
A first information report was lodged as Case Crime No.0243 of 2021 at Police Station-Ali Nagar, District-Chandauli under Sections 3/5A/8 Cow Slaughter Act, Section 11 Animal Cruelty Act, Sections 379, 411 IPC.
The bail application of the applicant was rejected by learned Additional Sessions Judge, Chandauli on 29.10.2021.
The applicant is in jail since 19.09.2021, pursuant to the said F.I.R.
Shri Jainendra Kumar Pandey, learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The applicant was only a passenger in the vehicle which was transporting livestock. The applicant has no concern with the goods being carried in the vehicle. Moreover no cow meat has been recovered in this case. The applicant does not have criminal history prior to the instant case. The applicant has been falsely implicated in a number of cases in close proximity to the instant case and the applicant has become a soft target for the police authorities who repeatedly nominated him in unnamed F.I.Rs. only to burnish their professional credentials. Learned counsel for the applicant contends that the same have no bearing on the instant case.
Learned A.G.A could not satisfactorily dispute the aforesaid submissions from the record. However, he does not contest the criminal history of the applicant as disclosed in the bail application.
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-Roman Ahmad involved in Case Crime No.243 of 2021 at Police Station-Ali Nagar, District-Chandauli under Sections 3/5A/ 5B/8 Cow Slaughter Act, Section 11 Animal Cruelty Act, Sections 379, 411 IPC, 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 :- 23.12.2021 Nadeem Digitally signed by AJAY BHANOT Date: 2021.12.25 16:19:09 IST Reason: Document Owner Location: High Court of Judicature at Allahabad