Mohd. Imtiyaz @ Mitthu v. State of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko

Court No. - 16 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13807 of 2023 Applicant :- Mohd. Imtiyaz @ Mitthu Opposite Party :- State Of U.P Thru. Prin. Secy. Home Govt. Civil Secrt. Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.

¶1Heard Sri Abhinav Singh, holding brief of Sri Ramakar Shukla, learned counsel for the applicant, Sri Jayant Singh Tomar, learned A.G.A.-I for the State and perused the records.

¶2The instant application has been filed seeking release of the applicant on bail in Case Crime No. 255 of 2023, under Sections 3/5/8 U.P. Prevention of Cow Slaughter Act, registered at Police Station Raniganj, District Pratapgarh.

¶3The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.08.2023 against 7 persons, including the applicant, stating that the police party raided a house on the basis of information received from a mukhbir. Co-accused Mohd Waseem was arrested and six other persons managed escaped from the house. 180kg of flesh and other articles used for slaughtering the cow and some remains of cow progeny was recovered from the house.

¶4The arrested person, in his statement, implicated other accused persons, including the applicant, and he stated that the house belongs to the applicant.

¶5In 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. It has been further stated that the house in question is not owned by the applicant and the applicant has no concerned with the house. Three other co-accused persons, who were also implicated in the present case on the basis of statement of the arrested person, have been granted bail by the Sessions Court.

¶6The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter.

¶7Having considered the aforesaid facts and circumstances of the case 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.

¶8Accordingly, this bail application stands allowed.

¶9Let the applicant-Mohd. Imtiyaz @ Mitthu 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 :- 23.11.2023 prateek High Court of Judicature at Allahabad, Lucknow Bench