Insaan Ali v. State of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko

Court No. - 29 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14561 of 2023 Applicant :- Insaan Ali Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Home Lko. Counsel for Applicant :- Praveen Kumar Yadav,Saquib Zia Khan 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 application has been moved by the applicant - Insaan Ali to enlarge him on bail in Case Crime No. 405 of 2023 under Sections 4/25 Arms Act, 3/5/8 U.p. Prevention of Cow Slaughter Act, Police Station Paraspur, District Gonda. It is argued by the learned counsel for the applicant that the present applicant is the first informant who lodged the FIR regarding theft of his cow and later on on the basis of rumour in the village and on his confessional statement he has been implicated in the case. The recovery of knife, banka and wooden plank is shown from him. Co-accused Kunney @ Noor Mohammad has been granted bail by the coordinate bench of this court. There is no criminal history to the credit of the applicant. The applicant is languishing in jail since 21.09.2023, hence, the prayer for bail is made. Learned A.G.A. opposed the prayer for bail and submitted that the applicant has been implicated in the matter on the basis of his confessional statement. The recovery of knife, banka and wooden plank is shown from him. It is admitted case that the applicant has been implicated in the matter on the basis of his own confessional statement. The recovery of knife, banka and wooden plank is shown from him. There is no recovery of beef from him. Co-accused Kunney @ Noor Mohammad has been granted bail by the coordinate bench of this court. The applicant is languishing in jail since

21.09.2023. 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 Insaan Ali 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 :- 11.12.2023 gp High Court of Judicature at Allahabad, Lucknow Bench