Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 33558 of 2021 Applicant :- Tasleem And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Bindeshwari Prasad,Mohd. Ashraf Counsel for Opposite Party :- G.A.
Hon'ble Anil Kumar Ojha,J.
Heard learned counsel for the applicants, 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 applicants seeking enlargement on bail during trial in connection with Case Crime No. 189 of 2021, under Section 3/5/8 of Prevention of Cow Slaughter Act and Section 11 of Animal Cruelty Act, registered at P.S.- Sheeshgarh, District- Bareilly.
Submission of learned counsel for the applicants is that the applicants have been falsely implicated in the present case. Applicants were not arrested on the spot. Neither beef nor any article related to slaughtering has been recovered from the possession of the applicants. Their names surfaced in confessional statement of co-accused. There is no independent witness in the present case. The allegations levelled against the applicants are fully false and baseless and case under aforementioned Sections is not made out against them. The applicants are languishing in jail since 06.07.2021.
Per contra, learned A.G.A. opposed the prayer for bail and contended that there is criminal history of five cases of the applicants.
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 the applicants were not arrested on the spot and their names surfaced in confessional statement of co- accused, without expressing any opinion on merits of the case, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicants Tasleem and Saleem involved in the aforesaid case crime, be released on bail on their furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions;
1. The applicants shall not tamper with the evidence or threaten the witnesses.
2. The applicants 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, they 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 :- 20.12.2021 VPS