Saleem v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39950 of 2023 Applicant :- Saleem Opposite Party :- State of U.P. Counsel for Applicant :- Faizur Rahman Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard counsel for the applicant, learned AGA for the State-respondent.

¶2The instant bail application, under Section 439 Cr.P.C., has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 192 of 2023, under Sections 5/8 U.P. Prevention of Cow Slaughter Act, Police Station-Bhognipur, District-Kanpur Dehat, during pendency of the trial.

¶3Learned counsel for the applicant contends that applicant has been falsely implicated in the instant case. False recovery of cow meat has been shown from the applicant. There is no independent witness to the alleged recovery. It is next contended that identically placed co-accused Naeem has been granted bail by this Court in Criminal Misc. Bail Application No. 37186 of 2023 vide order dated 04.10.2023. The criminal history of the applicant has been explained in paragraph Nos. 3 and 4 of the supplementary affidavit. The applicant is in jail since 16.06.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid facts from the record.

¶5Having heard learned counsel for the parties and having perused the record this Court prima facie finds that there is no independent witness of the alleged recovery. Identically placed co-accused Naeem has been granted bail by this Court. Further the applicant has remained confined for more than four months and there is no hope of early conclusion of trial, more so when no reasonable apprehension has been brought to the fore by the State that the applicant, if enlarged on bail, would either tamper with the evidence or intimidate the witness, without commenting on the merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Saleem involved in the aforesaid case be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned on the following conditions that: i. the applicant shall not temper with the prosecution evidence; ii. the applicant shall not pressurize the prosecution witness; and, iii. the applicant shall appear on each and every date fixed by the trial court.

¶7In case of breach of any of the above conditions, the prosecution shall be at liberty to move bail cancellation application before this Court. Order Date :- 26.10.2023 Nitika Sri. High Court of Judicature at Allahabad