Shakil @ Munna v. State of U.P

Court No. - 75 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51342 of 2023 Applicant :- Shakil @ Munna Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Umesh Chandra Sharma, J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the records.

¶2The instant bail application, has been filed with a prayer to enlarge the applicant on bail in Case Crime No. 257 of 2023, under Sections 3/5-A/8 of Cow Slaughter Act, 1955, (1/1956), Police Station-Bithari Chainpur, District-Bareilly, during pendency of the trial.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the instant case due to mala-fide intention. The name of accused came into picture on the confessional statement of the other two co-accused persons namely Babu Faisal and Asif @ Kallu. The applicant has no criminal antecedent in his credit except the case mentioned in the affidavit. Learned counsel lastly submitted that the co-accused Maqsood Khan, Asif @ Kallu have similar role to the accused applicants have already been granted bail by this Court in Criminal Misc. Bail Application Nos. 38576 of 2023 and 37969 of 2023 vide orders dated 19.10.2023 and 20.09.2023 respectively. Copies of the bail orders provided by the learned counsel for the applicant are taken on record. The applicant claims parity. The applicant has no criminal antecedent in his credit except the case mentioned in the affidavit. He is in jail since 13.07.2023, in case he is enlarged 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 regard to the submissions made but without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on bail.

¶6Let the applicant, Shakil @ Munna, 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 temper 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.

¶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 :- 7.12.2023 Vinod. High Court of Judicature at Allahabad High Court of Judicature at Allahabad