Parvez Beg v. State of U.P. Thru. Pirn. Secy. Home Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1522 of 2023 Applicant :- Parvez Beg Opposite Party :- State Of U.P. Thru. Pirn. Secy. Home Lko. Counsel for Applicant :- Rakesh Kumar Singh,Anil Kumar Tiwari,Karm Veer Yadav Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Anil Kumar Tiwari, learned counsel for the applicant, Sri Rakesh Kumar Singh, learned A.G.A. for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 433 of 2022, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, registered at Police Station Kotwali Bikapur, District Faizabad.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 23.10.2022 by a Sub Inspector of Police alleging that the applicant was arrested on the basis of an information received from a mukhbir and 10 kilograms flesh of cow progenies was recovered from him. It is alleged that the applicant stated that some other person supplies him the flesh and he would sell it on his own.

¶4In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. The applicant is languishing in jail since 24.10.2022. The learned counsel for the applicant has submitted that merely charges have been framed by the learned trial court and the trial has not proceeded any further.

¶5The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶6Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant is languishing in jail for more than one year without examination of any witness and without making any observation, which may affect the merits of the case, I am of the view that the aforesaid facts are sufficient for making out a case for enlargement of the applicant on bail in the aforesaid crime.

¶7Accordingly, this bail application stands allowed.

¶8Let the applicant-Parvez Beg be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence;

(ii) the applicant shall not pressurize the prosecution witnesses;

(iii) the applicant shall appear on each and every date fixed by the trial court. (Subhash Vidyarthi, J.) Order Date :- 3.11.2023 Ram. High Court of Judicature at Allahabad, Lucknow Bench