Abujar @ Abujad v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 48982 of 2023 Applicant :- Abujar @ Abujad Opposite Party :- State of U.P. Counsel for Applicant :- Janardan Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party.

¶2The instant bail application under Section 439 Cr.P.C. has been filed with the prayer to enlarge the applicant on bail in Case Crime No. 673 of 2023, under Sections 3/5A/8 Cow Slaughter Act and 11 Animal Cruelty Act, Police Station Jeeyanpur, District Azamgarh during the pendency of the trial.

¶3Learned counsel for the applicant submits that the applicant was not arrested at the spot and has been falsely implicated in the instant case. The applicant was nominated in the first information report in pursuance of a statement of co-accused Abu Talib before the police authorities. The said statement, insofar as it implicates the applicant, is unreliable. No recovery of any incriminating article has been made from the applicant. It is next contended that co-accused Abu Talib has been granted bail by this Court in Criminal Misc. Bail Application No. 46682 of 2023, Abu Talib v. State of U.P., vide order dated 02.11.2023. The case of the applicant is on better footing than that of co-accused Abu Talib. Prior to the instant case the applicant does not have any criminal history, however, after his arrest he has been implicated in another case. The applicant is in jail since

21.10.2023 and if he is released 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 heard learned counsel for the parties and after perusal of the record, this Court prima facie finds that the applicant was not arrested at the spot. No recovery of any incriminating article has been made from the applicant. Co-accused Abu Talib has been granted bail by this Court. Moreover, the applicant has remained confined for almost one month and after submission of the charge-sheet there is no hope of early conclusion of trial, and 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 delay the trial or intimidate the witness, therefore, 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-Abujar @ Abujad, involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned subject to the conditions that he:

(i) shall appear on the date fixed by the trial court;

(ii) shall not tamper with the prosecution evidence; and,

(iii) shall not pressurize the prosecution witnesses.

¶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 :- 24.11.2023 SKT/- High Court of Judicature at Allahabad High Court of Judicature at Allahabad