Allahabad High Court
Hamid Alias Badhshah vs State Of U.P. on 7 June, 2023
Bench: Ram Manohar Mishra
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- CRIMINAL APPEAL No. - 5780 of 2023
Appellant :- Hamid Alias Badhshah
Respondent :- State of U.P.
Counsel for Appellant :- Sunil Kumar
Counsel for Respondent :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
(Order on Criminal Misc. Bail Application no. 1 of 2023)
Heard learned counsel for the appellant as well as learned A.G.A. for the State and perused the record.
Accused-applicant, involved in Session Trial No. 8 of 2015 arising out of Case Crime No. 803 of 2014, under Section 3/5/8, Prevention of Cow Slaughter Act, 1955, Police Station Khurza Nagar, District Bulandshahar, applied for bail.
Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. Further, it is submitted that appellant was neither arrested on the spot nor any incriminating material has been recovered from his possession, his name is allegedly surfaced in confessional statement of co-accused Farid and Aashif who were said to have been arrested by police on 18.10.2014 while slaughtering the cows and according to prosecution version two cows and one bullock were found slaughtered on the spot. The accused-appellants also fired on the police personnel with intention to kill. Confession of co-accused is not a valid piece of evidence and no external evidence has been adduced to establish complicity of accused-appellant in the offence. The learned trial court has convicted the appellant along with co-accused persons without considering this relevant issue and want of legal evidence against him, infact appellant has surrendered before the court when he came to know that he is wanted in present case by the police. There is no connecting and valid evidence adduced during pendency of the trial and the appellant was taken into custody on 23.05.2023. It is further submitted that there is no possibility of the applicant fleeing away from the judicial process or tampering with the witnesses. In case the applicant is enlarged on bail, he shall not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application and submitted that the appellant was also present on the spot but he managed to escape after noticing the police personnel but could not dispute the arguments advanced by learned Counsel for the applicant.
Having heard the submissions of learned counsel of both sides, nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and the fact that the appellant has not been arrested from the spot, his name surfaced in the confessional statement of co-accused who were said to have been arrested on the spot and no incriminating material has been recovered from the possession of the appellant and without expressing any opinion on the merit of the case, I find it to be a case of bail.
Let the accused-appellant- Hamid alias Badhshah convicted and sentenced in aforesaid case be released on bail on his furnishing personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
The appellant is directed to deposit 50% of the amount of fine imposed by the trial court before his release from jail on bail. It is made clear that 50% of realization of fine imposed by the trial court in the impugned judgment and order shall remain stayed till the decision of the appeal.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to this Court for being kept on the record.
Office to send a copy of this order to the concerned Jail Superintendent through the Chief Judicial Magistrate concerned for compliance.
(Order on Appeal)
Admit.
Summon the record of the court concerned.
List this appeal for hearing in due course.
Order Date :- 7.6.2023
PS
