Court No. - 89
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49402 of 2021 Applicant :- Salauddin @ Sahil Ansari Opposite Party :- State of U.P. Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Vinay Kumar learned counsel for the applicant and Sri L.D. Rajbhar learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Salauddin @ Sahil Ansari for seeking bail in Case Crime No.602 of 2021 under Sections 429 I.P.C. and Section 3/5/8 Cow Slaughter Act and 11 Prevention of Cruelty to Animal Act, 1960 registered at Police Station-Chakeri, District-Kanpur Nagar.
The bail application of the applicant was rejected by the court below on 2.9.2021.
Learned counsel for the applicant has argued that first information report has been lodged against the applicant as well 8 others before P.S. Chakeri, District Kanpur Nagar being FIR 602 on 6.7.2021, under Sections 429 I.P.C. and Section 3/5/8 Cow Slaughter Act and 11 Prevention of Cruelty to Animal Act, 1960. He has further argued that while referring to recovery memo annexure-2 at page 33 relevant extract page 34 in bold letters that the applicant was found to have possessed a mobile phone.
The argument of learned counsel for the applicant is that he was just standing there looking at the incident which was occurring there only and he was not participating and he had no intention to slaughter the cow. No recovery has been made from the applicant.
Learned counsel for the applicant has further argued that in fact he does not posses any criminal history as he has referred to para 19 of the affidavit in support of the bail application and he is unnecessary languishing in jail since 5.7.2021.
Countering the said submissions learned AGA for the State has though opposed the bail but he is not disputed the factual statements, in the light of the fact that there is no criminal history and further recovery is of mobile phone only.
Learned counsel for the applicant has further relied the order dated 9.12.2021 passed in Criminal Misc. Bail Application No.45625 of 2021 so as to contend that the co-accused has already enlarged on bail, of which the applicant is claiming parity.
Looking into the nature of the offence, there are no chances of accused fleeing from justice and period of detention in jail, without expressing any opinion on the merits, this case is found to be a fit case for bail.
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.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant Salauddin @ Sahil Ansari involved in aforesaid crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(iv) 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.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 22.12.2021 piyush