Kunney @ Noor Mohammad v. State of U.P. Thru. Secy. Home Deptt. U.P. Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13996 of 2023 Applicant :- Kunney @ Noor Mohammad Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Mohsin Iqbal Counsel for Opposite Party :- G.A. Hon'ble Mrs. Sadhna Rani (Thakur),J. Heard learned counsel for the applicant, learned A.G.A. and perused the record. This bail application has been moved by the applicant - Kunney @ Noor Mohammad to enlarge him on bail in Case Crime No. 405 of 2023 under Sections 3/5/8 Cow Slaughter Act, Police Station Paraspur, District Gonda. It is argued by the learned counsel for the applicant that in the case of theft of cow of Insan Ali apart from applicant one other co-accused the first informant Insan Ali has also been implicated by the police. The applicant is neither named in the FIR nor any recovery has been made on his behalf. Mere on the basis of the confessional statement of the complainant, he has been implicated in the case. He is languishing in jail since

05.10.2023. Hence, the prayer for bail is made. Learned A.G.A. did not oppose the prayer for bail. From perusal of the record it appears that the applicant is neither named in the FIR nor any recovery has been made from him. He has been implicated on the basis of confession of the complainant/co-accused. The applicant is languishing in jail since 05.10.2023. Considering the facts and circumstances of the case, perusing the record, the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merits of the case, I find it to be a fit case for granting bail to the applicant. The bail application is allowed. Let the applicant Kunney @ Noor Mohammad s/o Mohd. Jalil involved in the aforesaid case be released on bail on furnishing personal bonds and two sureties each in the like amount to the satisfaction of the court concerned subject to the following conditions:-

¶1The applicant will attend and co-operate the trial proceedings pending before the court concerned on the date fixed after release.

¶2He will not tamper with the witnesses.

¶3He will not indulge in any illegal activities during the bail period. The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison. It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case. Order Date :- 28.11.2023 gp High Court of Judicature at Allahabad, Lucknow Bench