Court No. - 76
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14055 of 2021 Applicant :- Shahjad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Dhirendra Kumar Srivastava,Rajiv Sisodia Counsel for Opposite Party :- G.A.
Hon'ble Dinesh Kumar Singh-I,J.
Supplementary-Affidavit has been filed by learned counsel for the applicant and the same is taken on record.
Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicants and Sri G.P. Singh, learned A.G.A. for the State.
This Bail Application (under Section 439 Cr.P.C.) has been moved for seeking bail in Case Crime No. 435 of 2020 under Sections 3/5/8 of the Cow Slaughter Act, P.S. Massoorie, District Ghaziabad.
It has been argued on behalf of the learned counsel for the accused applicants that accused applicants have been falsely implicated in this case; false recovery of 110 kgs of beef is shown to have been recovered from the applicant along with co- accused named in F.I.R. of which there is no public witness. Three co-accused, Haji Akram, Dilshad @ Dilla and Dilshad @ Mota have been allowed bail by Coordinate Benches of this Court, orders of which are annexed at Annexure-2 of the Supplementary-Affidavit, therefore parity is claimed. They are in jail since 25.01.2021; Both the applicants were not arrested on the spot. Applicant No. 1 has criminal history of one case and the same explained in para 2 of Supplementary-Affidavit and in the said case, he has already been bailed out, order of which is annexed at Annexure No.1: if the accused applicants are released on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the bail but has not controverted the aforesaid facts.
Looking to the quantum of the punishment, nature of the offence, claim of parity, 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.
Let the applicants Shahjad and Jameel 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 :-
1. The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicants shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicants and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 6.4.2021 A. Mandhani