Jafar Hussain v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44550 of 2023 Applicant :- Jafar Hussain Opposite Party :- State of U.P. Counsel for Applicant :- Praveen Kumar Singh,Rupesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Supplementary affidavit filed by the counsel for the applicant, is taken on record.

¶2Heard learned Counsel for the applicant, Sri Anupam Anand, learned brief holder for the State and perused the record.

¶3The 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. 284 of 2023, under Sections 3/5A/8 Cow Slaughter Act and 11 of the Prevention of Cruelty to Animal Act and section 429 I.P.C., Police Station-Mughalsarai, District-Chandauli during pendency of the trial.

¶4Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. No recovery as alleged in the first information report was made from the applicant. There is no independent witness to the alleged recovery. It is next contended that prior to the instant case the applicant was involved in Case Crime No. 94 of 2020, under Section 323/504, 506 I.P.C., P.S. & District Chandauli. The applicant is in jail since 23.8.2023. In case he is enlarged on bail, he will not misuse the said liberty.

¶5Learned A.G.A. has opposed the prayer for bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Having heard counsel for the parties and having perused the record, this Court prima facie finds that there is no independent witness to the alleged recovery. At this stage there is no substantive evidence against the applicant. Further the applicant has presently remained confined for more than two 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.

¶7Let the applicant, Jafar Hussain 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 tamper 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.

¶8In 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 :- 7.11.2023 S.S. High Court of Judicature at Allahabad