Allahabad High Court
Samiuddin @ Hazi Baba vs State Of U.P. on 16 March, 2021
Bench: Mohd. Faiz Khan
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 29
Case :- BAIL No. - 2642 of 2021
Applicant :- Samiuddin @ Hazi Baba
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohammad Riyaz
Counsel for Opposite Party :- G.A.
Hon'ble Mohd. Faiz Alam Khan,J.
Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.
This bail application has been moved by the applicant- Samiuddin @ Hazi Baba for grant of bail, in Case Crime No. 0376 of 2020, under Sections 3/5A/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, P.S.Akbarpur, District Ambedkar Nagar during trial.
Learned counsel for the applicant while pressing the bail application submits that the applicant has been falsely implicated in this case and he has not committed any offence as claimed by the prosecution.
It is further submitted that the name of the applicant has surfaced in this case on the basis of confessional statement of co-accused person and he was not arrested from the spot nor any incriminating article/material has been recovered from his possession.
It is also submitted that the applicant is not having any concern with the vehicle or from the house wherein the illegal activity of slaughtering was going on. It is also submitted that co-accused of the crime, namely, Mohd.Ahmad and Juber, who were allegedly arrested from the spot and whose role is identical to that of the applicant have been released on bail by coordinate Benches of this Court vide order dated 16.12.2020 and 8.1.2021, passed in Bail No.10721 of 2020 and Bail No.104 of 2021, respectively.
It is also submitted that with the arrest of the applicant in the instant case, four cases including the instant case were slapped against the applicant, however in one of such case pertaining to Case Crime No.373 of 2020, under Section 307 I.P.C. the applicant has been released on bail by the court of Sessions Judge, Ambedkar Nagar and in the remaining two criminal cases applicant approached this Hon'ble Court by filing writ petition no.12269 of 2020 (M/B) and 12207 of 2020 (M/B) and in both these cases the applicant has been given the benefit of Section 41-A Cr.P.C. in the light of the judgment rendered by the Hon'ble Supreme Court in the case of Arnesh Kumar v. State of Bihar and another and still no effort has been made by the investigating agency to arrest the applicant in those cases.
It is further submitted that the applicant is detained in prison in this case since 17.10.2020, Charge sheet in the matter has already been filed and there is no apprehension that after being released on bail he will flee from the course of law or may otherwise misuse the liberty.
Learned A.G.A. however, opposes the prayer for bail of the applicant on the ground that he has committed heinous offence, but could not controvert the other factual submissions made by the learned counsel for the applicant.
Having regard to the over all facts and circumstances of the case and keeping in view the submissions made by learned counsel for the applicant, I find substance in the submissions of learned counsel for applicant only for the purpose of releasing the applicant on bail. The bail application is, thus, allowed.
Let the applicant - Samiuddin @ Hazi Baba involved in the aforesaid case be released on bail on his furnishing a personal bond with two sureties in the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall not tamper with the prosecution evidence by intimidating/pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 16.3.2021
Irfan
