Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39880 of 2021 Applicant :- Saniya Opposite Party :- State of U.P. Counsel for Applicant :- Haya Rizvi Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail during trial in connection with Case Crime No. 289 of 2021, under Section 3/5A/8 of Cow Slaughter Act, registered at P.S.- Budhana, District- Muzaffarnagar.
Submission of learned counsel for the applicant is that the applicant has been falsely implicated in the present case. The applicant has not been arrested on the spot. Neither beef nor any article relating to slaughtering has been recovered from the possession of the applicant. There is no independent witness in the present case. The allegations levelled against the applicant are fully false and baseless and case under aforesaid Sections is not made out against her. Further submitted that that six months old daughter of the applicant is in jail with the applicant. Criminal history of applicant has been explained in para no. 11 of the affidavit in support of bail application. The applicant is languishing in jail since 05.08.2021.
Per contra, learned A.G.A. opposed the prayer for bail and submitted that there is criminal history of 10 cases of the applicant.
Nature of accusation, evidence collected by I.O. in support of the charge, gravity of offence, nature and severity of punishment in case of conviction, complicity of the accused and all other attending circumstances were duly considered.
Considering the rival submissions of learned counsel for the parties, keeping in view the facts and circumstances of the case, particularly the fact that she was not arrested on the spot and nothing incriminating has been recovered from her, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant Saniya involved in the aforesaid case crime, be released on bail on her furnishing a personal bond and two sureties in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.
3. During trial, he shall not indulge in any criminal activities.
In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of bail and pass appropriate orders in accordance with law.
Order Date :- 20.12.2021 VPS