Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34595 of 2021 Applicant :- Shamshaad @ Samma Opposite Party :- State of U.P.
Counsel for Applicant :- Sajiya Parveen Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Ms. Sajiya Parveen, learned counsel for the applicant, learned AGA 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. 88 of 2021 under Sections 3/5Ka/5Kha/8 of Cow Slaughter Act, 1955 and Sections 307, 353, 332, 429 I.P.C., police station Kokhraj, District Kaushambi during pendency of trial.
It is contended by learned counsel for the applicant that the applicant is innocent and has falsely been implicated in the present case. It is further the applicant has no role to play in the present case but due to his hot talk with the police personnel, he has been implicated in the present case. The alleged recovery of twenty two bull and one cow alive and one dead bull in Truck No. UP 23 T 3724 has been shown without complying the mandatory provision of Section 100 Cr.P.C. The First Information Report has got delayed about four hours and charge-sheet in the matter has already been filed. The investigation has been completed. It is further contended by learned counsel for the applicant that co-accused Anis, has been enlarged on bail by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 18439 of 2021 vide order dated 16.07.2021. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is in jail since 01.03.2021 having no criminal history as stated in paragraph-19 of the affidavit filed in support of the bail application and if he is released on bail, there is no chance of his absconding or misusing the liberty of bail or tampering with the prosecution witnesses.
Learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts as argued by learned counsel for the applicant.
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.
Let the applicant, Shamshaad @ Samma 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 :- 27.9.2021 Shiraz