Chaman Afroz and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48228 of 2023 Applicant :- Chaman Afroz And Another Opposite Party :- State of U.P. Counsel for Applicant :- Kuldeep Shukla,Anand Mohan Pandey Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1Heard Sri Anand Mohan Pandey, learned counsel for the applicants and Sri S.P. Pandey, learned A.G.A. for the State and perused the material placed on record.

¶2Applicants seek bail in Case Crime No. 124 of 2023, U/S 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station-Derapur, District-Kanpur Dehat, during the pendency of trial.

¶3As per prosecution story, the applicants were arrested by police alongwith 25 kg of beef on 10.9.2023.

¶4Learned counsel for the applicants has argued that the applicants are absolutely innocent and have been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize them. He has further stated that there is no forensic report to suggest that the said beef was of cow progeny. Several other submissions have been made on behalf of the applicants to demonstrate the falsity of the allegations made against them. The circumstances which, as per counsel, led to the false implication of the applicants have also been touched upon at length. The applicants are languishing in jail since 11.9.2023 having no criminal antecedents. In case, the applicants are released on bail, they will not misuse the liberty of bail.

¶5Learned A.G.A. has vehemently opposed the bail application, but has not disputed the fact that there is no criminal history of the applicants.

¶6Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and without expressing any opinion on the merits of the case, the Court is of the view that the applicants have made out a case for bail. The bail application is allowed.

¶7Let the applicants-Chaman Afroz and Masoom Raza, who are involved in aforementioned be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

(i) The applicants shall not tamper with the evidence.

(ii) The applicants shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicants is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against them in accordance with law.

¶8In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶9It is made clear that observations made in granting bail to the applicants shall not in any way affect the learned trial Judge in forming their independent opinion based on the testimony of the witnesses. (Justice Krishan Pahal) Order Date :- 8.11.2023 Shalini High Court of Judicature at Allahabad