Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43312 of 2021 Applicant :- Sahana Opposite Party :- State of U.P.
Counsel for Applicant :- Roshan Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Learned counsel for the applicant has filed a supplementary affidavit stating therein that name of the applicant has wrongly been mentioned as Sahani in place of Sahana in the bail application. Hence, he may be permitted to correct the name of the applicant.
Learned counsel for the applicant is permitted to correct the cause title/name of the applicant as stated above. Office is also directed to correct the cause title/name of the applicant accordingly.
Heard Sri Roshan Kumar Singh, learned counsel for the applicant, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicant seeking bail in Case Crime No. 474 of 2021, under Section 3/5/8 Prevention of Cow Slaughter Act, Police Station Garh Mukteshwar, District Hapur, during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and she has falsely been implicated in the present case. The first information report was lodged by the police against 7 accused persons including the applicant with the allegation that they were selling beef in the house of the co- accused Sameena. It is next contended by learned counsel for the applicant that from the joint possession of all the accused persons, 30 kg of beef is alleged to have been recovered. It is next contended that the said recovery is vague and planted, for which there is no independent witness. It is next contended that applicant being a lady, is entitled for protection under Section 437 Cr.P.C. It is next contended that co-accused Sameena, whose role was identical to that of the applicant, has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 25.10.2021 passed in Criminal Misc. Bail Application No. 38318 of 2021 and therefore, the applicant is also entitled for bail on the ground of parity. It is lastly contended that the applicant has no other criminal history. She is in jail since 24.8.2021 and in case she is released on bail, she will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicant.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicant- Sahana involved in the aforesaid crime be released on bail, on her executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, with the following conditions:
1. The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. She will not tamper with the witnesses.
3. She will not indulge in any illegal activities during the bail period.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order shall be self attested by the counsel of the party concerned.
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 :- 28.10.2021 Noman