Sahibe Alam v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42975 of 2023 Applicant :- Sahibe Alam Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard Sri Rajesh Dwivedi, learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶2The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 106 of 2023, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station-Derapur, District-Kanpur Dehat, during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case due to Party-Bandi. Learned counsel for the applicant has further submitted that name of the accused-applicant came into picture only on the statement of the Smt. Rimsa W/o Riyaz-U-ddin. No incriminating article has been recovered from or on the pointing of the applicant. The applicant and co-accused-Rijwan have already been granted bail by Co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 1237 of 2017 vide order dated 10.01.2017. The applicant claims parity. The applicant has no criminal history, he is in jail since 28.08.2023, 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 submissions from the record.

¶5Having regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Sahibe Alam, 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; 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 :- 28.10.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad