Hazi Faiaz @ Shaufan v. State of U.P

Court No. - 74 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50072 of 2023 Applicant :- Hazi Faiaz @ Shaufan Opposite Party :- State of U.P. Counsel for Applicant :- Vishal Agarwal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.

¶1Case diary produced by Sri Nagendra Kumar Mishra, learned brief holder for the State is taken on record.

¶2Heard counsel for the applicant and learned brief holder for the State-opposite party.

¶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. 498 of 2023, under Sections 3/5/8 of Cow Slaughter Act, Police Station-Sikandaraoo, District-Hathras, during the pendency of trial.

¶4Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by the co-accused,Yunus in Police custody. The said statement, insofar as, it implicates the applicant is unreliable. No recovery of any prohibited cow meat has been made from the applicant. At present, there is no cogent evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para no. 17 of the bail application. The applicant is in jail since 12.09.2023 and in case, he is enlarged on bail, he will not misuse the said liberty.

¶5Learned brief holder for the State 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 the applicant was not named in the first information report. The name of the applicant was disclosed by the co-accused,Yunus in Police custody. At this stage, there is no substantive evidence against the applicant. Further, the applicant has remained confined for more than two months and after submission of the charge-sheet 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 delay the trial or intimidate the witness, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶7Let the applicant Hazi Faiaz @ Shaufan, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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.

¶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 :- 1.12.2023 Sachin Mishra High Court of Judicature at Allahabad