Sahid Navi v. State of U.P

Court No. - 70 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30307 of 2023 Applicant :- Sahid Navi Opposite Party :- State of U.P. Counsel for Applicant :- Radhey Shyam Yadav Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J.

¶1Heard Sri R.S. Yadav, learned counsel for the applicant and Sri Brijesh Pratap Singh, learned AGA for the State.

¶2The instant bail application has been filed seeking release of the applicant on bail in Case Crime No. 22 of 2023, under Sections 3/5/8 The U.P. Prevention of Cow Slaughter Act, Police Station Kampil, District Farrukhabad during pendency of the trial.

¶3Learned counsel for the applicant submitted that this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court vide order dated 11.04.2023 passed in Criminal Misc. Bail Application No. 13692 of 2023 and he is pressing the instant second bail application on the ground that along with applicant two other accused persons were also arrested and from their joint possession 100 Kgs. Beef was recovered but after rejection of first bail application of the applicant, bail application of co-accused Raju and Aamir has been allowed by the co-ordinate Bench of this Court vide order dated 18.05.2023 passed in Criminal Misc. Bail Application No. 14491 of 2023, therefore, on the ground of parity, applicant may be enlarged on bail. He further submits that applicant is not having any previous criminal history.

¶4Per contra, learned AGA opposed the prayer for bail but could not dispute the fact that after rejection of first bail application of the applicant, bail application of co-accused Raju and Aamir has been allowed by this Court and case of applicant is at par with them. Further, applicant is not having any previous criminal history.

¶5I have heard learned counsel for the parties and perused the record of the case.

¶6Although, this is second bail application filed on behalf of the applicant. The first bail application of the applicant was dismissed by this Court but it appears that after rejection of first bail application of the applicant, the bail application of co-accused Raju and Aamir has been allowed by this Court and from their joint possession 100 Kgs. Beef was recovered and case of applicant is at par with them. Further, applicant is not having any previous criminal history.

¶7Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail.

¶8Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.

¶9Let the applicant -Sahid Navi be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.

(ii) The applicant shall not directly or indirectly, make inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or any police officer or tamper with the evidence.

(iii) The applicant shall not indulge in any criminal and anti-social activity.

¶10In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.

¶11It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of bail application and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 17.10.2023 AK Pandey High Court of Judicature at Allahabad High Court of Judicature at Allahabad