Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49066 of 2021 Applicant :- Tamseel Opposite Party :- State of U.P.
Counsel for Applicant :- Ravindra Prakash Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
The present bail application has been filed by the applicant- Tamseel with a prayer to enlarge him on bail in Case Crime No.203 of 2021, under Sections- 3/5A/8 Prevention of Cow Slaughter Act, Section 429 IPC and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Purani Basti, District- Basti.
Learned counsel for the applicant contended that the FIR has been lodged against unknown persons and it is alleged that the accused-applicant has fled away from the spot. Nothing has been recovered from the possession of the accused-applicant. The applicant is innocent and has not committed any offence. There is no independent witness of the alleged incident and the allegations of the first information report is totally false and concocted and no case under Section 3/5A/8 of Cow Slaughter Act, Section 429 IPC and Section 11 of Prevention of Cruelty to Animals Act is made out against the applicant. The applicant is languishing in jail since 26.09.2021 and further undertakes that he will not misuse the liberty and will co-operate in trial, in case he is released on bail.
Learned A.G.A. has vehemently opposed the bail application and submitted that the 25 animals of cow progeny have been recovered from the container which the applicant was carrying while he fled away from the spot when the police intercepted it.
Considering the rival submissions of the parties, facts and circumstances of the case, nature of the offence, severity of punishment and gravity of the offence, without expressing any opinion on merits of the case, this Court is of the view that the applicant has made out a case for bail.
Accordingly, bail application is allowed.
Let the applicant- Tamseel involved in aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. During trial, he shall not indulge in any criminal activities.
3. The applicant will not pressurize/intimidate the prosecution witnesses and co-operate in the trial.
4. The applicant will appear regularly on each and every date fixed by the trial court unless his personal appearance is exempted through counsel by the court concerned.
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.
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 :- 22.12.2021 C. MANI