Criminal Misc. Bail Application allowed for applicant Indrajeet Singh under Cow Slaughter Act. Court granted bail based on parity with co-accused already released and considered it a fit case without expressing opinion on merits, subject to conditions.
Applicant released on personal bond and two sureties with strict conditions against tampering and harassment.
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Court No. - 90
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 8048 of 2021
Applicant :- Indrajeet Singh Opposite Party :- State of U.P. Counsel for Applicant :- Hari Narayan Singh,Sanjay Kumar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant and the learned A.G.A.
This is a bail application on behalf of the applicant Indrajeet Singh in connection with Case Crime No.362 of 2020, under Section 3/5A/5B/8 Cow Slaughter Act, Police Station Nonhara, district Ghazipur.
The first information of this incident was lodged by the police against six accused persons including the applicants. It was further alleged in the first information report that the accused persons including the applicant were transporting the cow in a vehicle.
The submission of learned counsel for the applicant is that the applicant is quite innocent and have been falsely implicated in the present case with the ulterior motive. He submitted that the co-accused Aftab Kuraishi and 2 others have been admitted to the concession of bail by another Bench of this Court by order dated 09.02.2021 passed in Criminal Misc. Bail Application No.6662 of 2021. He claims parity. He submitted that the applicant is languishing in jail since 15.12.2020 and in case, he is released on bail he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. has opposed the bail plea. However, learned A.G.A. does not dispute the factum of parity.
Considering the overall facts and circumstances, the nature of allegations, the gravity of offence, the severity of the punishment, the evidence appearing against the accused and also the fact that the aforesaid coaccused have been admitted to the concession of bail by this Court, but without expressing any opinion on merits, this Court finds it to be a fit case for bail.
Accordingly, the bail application stands allowed.
Let the applicant Indrajeet Singh involved in the aforesaid crime be released on bail on executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
i) The applicant shall not tamper with the prosecution evidence.
ii) The applicant shall not threaten or harass the prosecution witnesses;
iii) The applicant shall appear on the date fixed by the trial court;
iv) The applicant shall not commit an offence similar to the offence of which the applicants are accused, or suspected of the commission;
v) The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade such person from disclosing facts to the Court or to any police officer or tamper with the evidence.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by learned counsel for the applicant along with a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 12.2.2021 R./
1 issue framed by the court
Whether the case is fit for grant of bail considering the parity with co-accused already granted bail.
Indrajeet Singh
Ajit Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
