Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32788
of 2021
Applicant :- Shahjad
Opposite Party :- State of U.P.
Counsel for Applicant :- Alok Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Ref: Order on Exemption Application No. 1 of 2021 Application is allowed.
Applicant is exempted from filing certified copy of the FIR dated 23.9.2020.
Ref: Order on Bail Application Heard Sri Alok Kumar Singh, 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. 293 of 2020 under Sections 3/5/8 of Prevention of Cow Slaughter Act Police Station- Simbhawali- District Hapur, during pendency of trial.
It is submitted by learned counsel for applicant that applicant is innocent and falsely implicated in the present case. It is further contended that neither the applicant was not arrested at the spot nor any recovery has been made from his custody. It is further contended by learned counsel for the applicant that co-accused- Janne Alam and Ragib having identical role to the applicant had already been enlarged on bail by the co-ordinate Bench of this Court vide orders dated 16.12.2020 and 9.12.2020 passed in Criminal Misc. Bail Application No. 42093 of 2020 and 44663 of 2020, hence the applicant is entitled for bail on the ground of parity. It has been further submitted that applicant is in jail since 25.3.2020 having criminal history of four cases which has been explained in paragraph no. 15 to the affidavit filed in support of the bail application.
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, Shahjad who is 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 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. He will not tamper with the witnesses.
3. He 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 :- 19.8.2021 Akbar