Kalloo @ Meraj v. State of Prin. Secy. Home Deptt. Civil Sectt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13631 of 2023 Applicant :- Kalloo @ Meraj Opposite Party :- State Of Prin. Secy. Home Deptt. Civil Sectt. Lko Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Adarsh Shukla holding brief of Sri Rajiv Raman Srivastava, learned counsel for the applicant, Sri Arpit Kumar, 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.418 of 2023, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, registered at Police Station Mahmoodabad, District Sitapur.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged by a sub-inspector on 04.10.2023 alleging that on the basis of information received from a mukhbir, a motorcycle was intercepted. The person driving the motorcycle, co-accused Sufian, was arrested and the person sitting on the pillion seat escaped. Flesh kept in 50 packets in a sack kept on the motorcycle was recovered. Person arrested told that the another person who escaped was the applicant.

¶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. Applicant's involvement in one case of similar nature has been disclosed in the affidavit.

¶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 has not been arrested on the spot and he has been implicated on the basis of custodial statement of a co-accused person; that no incriminating material has been recovered from the applicant's possession or on his pointing out; that the FIR does not mention weight of the flesh recovered; that the applicant is languishing in jail since 11.10.2023 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-Kalloo @ Meraj be released on bail in aforementioned 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 :- 18.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench