Court No. - 79
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 38875 of 2021 Applicant :- Wazir Alam And Another Opposite Party :- State Of U.P Counsel for Applicant :- Ganesh Mani,Shashi Kant Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Sri Ganesh Mani, learned counsel for the applicants, learned AGA for the State and perused the record.
This bail application has been filed on behalf of the applicants seeking bail in Case Crime No. 240 of 2021, under Section 295A IPC and Section 9/51 Wildlife Protection Act, Police Station Rasra, District Ballia, during pendency of trial.
It is contended by learned counsel for the applicants that the applicants are innocent and they have falsely been implicated in the present case. As per the first information report, the applicants and four other co-accused persons were found slaughtering Nilgai and as such, they hurt the sentiments and feelings of peoples. It is next contended that single knife each is alleged to have been recovered from their possession. The alleged recovery shown from the applicants are forged and planted, for which there is no public witness. The offence is triable by Magistrate. It is lastly contended that the applicants have no criminal history as stated in paragraph 14 of the affidavit filed in support of the bail application. They are in jail since 16.08.2021 and in case they are released on bail, they will not misuse the liberty of bail and will cooperate in trial. There is no prospect of trial of the present case being concluded in near future due to heavy dockets.
Learned AGA appearing for the State vehemently opposed the prayer for bail but could not dispute the aforesaid facts and legal submissions as argued by the learned counsel for the applicants.
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- Wazir Alam and Faiyaz involved in the aforesaid crime be released on bail, on their executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, 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 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 :- 24.9.2021 Noman Digitally signed by Justice Rajiv Joshi Date: 2021.09.24 17:51:52 IST Reason: Document Owner Location: High Court of Judicature at Allahabad