Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36724 of 2021 Applicant :- Smt. Sanjida Opposite Party :- State of U.P.
Counsel for Applicant :- Mahabir Yadav,Vijay Kumar Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Mahabir Yadav, learned counsel for the applicant, learned A.G.A for the State and perused the record..
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.0086 of 2021, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Rahra, District- Amroha, during pendency of trial.
Learned counsel for the applicant submits that the applicant is innocent and has falsely been implicated in the present case due to some ulterior motive. As per F.I.R. the applicant and co- accused, Haseeb were selling beef (cow meat) to third person and got arrested on the spot and from their joint possession 15 kg. beef (cow meat) has been recovered. It is further submitted by learned Counsel for the applicant that the alleged recovery is forged and planted one for which there is no independent public witness and the offence is triable by Magistrate. It is next submitted that the applicant is a lady and is entitled to the benefit of Section 437 (2) Cr.P.C. It is next submitted that co- accused Haseeb having identical role to the applicant has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 19.8.2021 passed in the Criminal Misc. Bail Application No. 26230 of 2021, hence the applicant is entitled for bail on the ground of parity. The applicant is in jail since 6.5.2021 and has no criminal history and if she is released on bail, there is no chance of her absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the aforesaid fact.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment, and larger mandate of the Article 21 of the Constitution of India, the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, reported in (2018) 2 SCC 22 and without expressing any opinion on the merit of the case, I find it to be a case of bail. The application is allowed.
Let the applicant, Smt. Sanjida who is involved in aforesaid crime be released on bail on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
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 :- 26.10.2021 Akbar