Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 36135 of 2021 Applicant :- Shahzad Opposite Party :- State of U.P.
Counsel for Applicant :- Deepak Kumar 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. 165 of 2020, under Section 3/5/8 of Cow Slaughter Act, registered at P.S.- Nagina, District- Bijnor.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. The applicant was not arrested on the spot. Name of the applicant surfaced in the confessional statement of co- accused Kafeel and Zakir. Further submitted that neither beef nor any article relating to slaughtering has been recovered from the possession of the applicant. Further submitted that co- accused Kafeel who was arrested on the spot has been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 23503 of 2020 vide order dated 22.09.2020 and case of the applicant is on better footing from the case of co- accused and claimed parity. The applicant is languishing in jail since 27.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail and conceded the factum of parity.
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 name of the applicant surfaced in the confessional statement of co-accused and case of the applicant is on better footing as that of the co-accused Kafeel who has been granted bail, 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 Shahzad involved in the aforesaid case crime, be released on bail on his 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 :- 21.12.2021 VPS