Allahabad High Court
Mazid vs State Of U.P. on 8 July, 2019
Bench: Krishna Pratap Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 75
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 27027 of 2019
Applicant :- Mazid
Opposite Party :- State Of U.P.
Counsel for Applicant :- Manish Joshi
Counsel for Opposite Party :- G.A.
Hon'ble Krishna Pratap Singh,J.
Heard Sri Mukesh Joshi, holding brief of Sri Manish Joshi, learned counsel for the applicant, Sri O.P. Singh, learned A.G.A. for the State and perused the record.
This bail application has been preferred by the accused-applicant Mazid, who is involved in Case Crime No. 91 of 2019, aunder Sections 3/5/8 Cow Slaughter Act, and 11 of Prevention of Cruelty to Animals Act, Police Station -Kundarki, District-Moradabad.
Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case with some ulterior motive. It has further submitted that neither the applicant has been apprehended on the spot, nor any incriminating articles has been recovered from the possessionof the applicant. It is further submitted that alleged recovery is false, fabricated and concocted. It is also submitted that there is no independent or public witness of the alleged recovery. it is next submitted that there are no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. Applicant has no criminal history in his credit. The applicant is languishing in jail since 14.06.2019.
Lastly, it is also submitted that co-accused Shunny and Somil, who have apprehended on the spot have already been enlarged on bail vide order dated 04.07.2019 passed by this Court in Crl. Misc. Bail Application No.26499 of 2019. Therefore, the applicant is also entitled to be released on bail. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in trial.
On behalf of State bail has been opposed but learned A.G.A. conceded on the point of parity.
In view of the facts and circumstances of the case and the submissions made by learned counsel for both sides and going through the record, without commenting on the merits of the case, I find it a fit case for bail.
Let applicant Mazid, be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions:
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
It may be observed that in the event of any breach of the aforesaid conditions, the court below shall be at liberty to proceed for the cancellation of applicant's bail.
Order Date :- 8.7.2019
Pr/-
