Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20688 of 2021 Applicant :- Ubaish And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Ved Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants, Mrs. Poonam Singh Sengar, learned AGA for the State and perused the record.
Learned counsel for the applicant submits that the applicants has been falsely implicated in the present case due to political rivalry. The applicants have no concern with the alleged incident and recovery as also they were not arrested on the spot nor anything has been recovered from his possession. It is further submitted that there is no independent public eye- witness of the incident. It is stated that they have detailed the criminal cases pending against them in paragraph nos. 2 & 3 of the supplementary affidavit. The applicant is in jail since 12.4.2020.
Learned counsel appearing for the opposite party vehemently opposed the prayer.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Having heard submissions of learned counsel of both sides, considering nature of accusation, severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction in support of the charge, reformative theory of punishment, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Dataram Singh v. State of U.P. and another, (2018) 3 SCC 22, without expressing any view on the merits of the case, I find it to be a case of bail.
Let the applicants- (i) Ubaish and (ii) Munna alias Imran involved in Case Crime No. 57 of 2020, under Sections 3/5/8 Cow Slaughter Act, Police Station Nigohi, District Shahjahanpur be released on bail, if not wanted in any other case, on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned by each applicant, with the following conditions:
1. The applicants will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.
2. They will not tamper with the witnesses.
3. They 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 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 :- 30.7.2021 Digamber Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.31 10:39:16 IST Reason: Document Owner Location: High Court of Judicature at Allahabad