Jinda Hasan and Another v. State of U.P

Court No. - 72 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48746 of 2023 Applicant :- Jinda Hasan And Another Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J.

¶1List has been revised.

¶2Heard Sri A.Z. Khan, learned counsel for the applicants, Sri Deepak Kumar Singh, learned A.G.A. for the State and perused the material placed on record.

¶3Applicants seek bail in Case Crime No.436 of 2023, under Sections 3/5-K/8 U.P. Prevention of Cow Slaughter Act, Police Station-Behat, District-Saharanpur, during the pendency of trial.

¶4As per prosecution story, the applicants are stated to have run away from the scene of occurrence.

¶5Learned counsel for the applicants has stated that the applicants have been falsely implicated in the present case. Their names have come up in the statement of the arrested co-accused person Abdul Wahab, which is not admissible in evidence. 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. There is criminal history of one case i.e. Case Crime No.50 of 2008, under Sections 308, 323 and 506 I.P.C, in which the applicants are on bail. The applicants are languishing in jail since 06.10.2023. In case, the applicants are released on bail, they will not misuse the liberty of bail. In case, the applicants are released on bail, they will not misuse the liberty of bail.

¶6Learned A.G.A. has vehemently opposed the bail application.

¶7Considering the facts and circumstances of the case, submissions made by learned counsel for the parties, the evidence on record, 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.

¶8Let the applicants-Jinda Hasan and Istakhar, who are involved in aforementioned case crime 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 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.

¶9In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶10It 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. Order Date :- 23.11.2023 Ravi Kant (Krishan Pahal, J.) High Court of Judicature at Allahabad