Court No. - 53
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8792 of 2021 Applicant :- Sufiyan Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Waseem,Dhiresh Kumar,Krishna Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
It has been argued by learned counsel for the applicant that the applicant is innocent and he has not committed any offence. It was stated that FIR was lodged by alleging that applicant and co-accused Gulam Nabi were involved in preparation of pirated injections, which are used for animals for increasing quantity of milk. It has been submitted that there is no independent witness of alleged incident and that merely recovery of some liquid and bottels of phenol (Carbolic Acid) and some bottles of acetic acid was shown. It has been further submitted that similarly placed co-accused Gulam Navi has already been enlarged on bail by a co-ordinate Bench of this Court, vide order dated 04.10.2021, passed in Criminal Misc. Bail Application No.- 8801 of 2021. It has been submitted that the applicant is languishing in jail since 18.01.2021 having no criminal history and that in case the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
Learned A.G.A. has opposed the prayer for bail, however, it has not been disputed that similarly placed co-accused Gulam Navi has already been granted bail by this Court.
Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties, nature of evidence and all attending facts and circumstances of the case, without expressing any opinion on merits of the case, the Court is of the view that the applicant has made out a case for bail.
The bail application is allowed.
Let the applicant Sufiyan involved in Case Crime No.14 of 2021, under Sections 420, 284, 269 I.P.C., Section 11(3) Animal Cruelty Act, 1960 and Section 6 of Poison Act, 1919, P.S. Quila, District Bareilly, be released on bail on furnishing each a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions:
1. The applicant shall not tamper with the evidence during the trial.
2. The applicant shall not pressurize/ intimidate the prosecution witness.
3. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted.
4. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.
5. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence.
In case of breach of any of the above condition, the Court below shall be at liberty to cancel bail of applicant in accordance with law.
Order Date :- 25.10.2021 Neeraj