Faizan Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

Faizan Vs State of U.P. — Allahabad HC (2022) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Faizan to be released on bail in Case Crime No. 279 of 2022 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions (no tampering with prosecution evidence or intimidating/pressurizing witnesses; sincere cooperation in trial without adjournments; no criminal activity after release), with sureties to be verified before the release order.

Issue for consideration

Whether the applicant Faizan should be released on bail in Case Crime No. 279 of 2022 (Sections 269, 270 IPC and Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Nakhasa, District Sambhal) during pendency of trial.

Court's answer

Considering the entire facts and circumstances, submissions of learned counsel for the parties, the nature of offence, evidence and complicity of accused, and without expressing any opinion on the merits, and having regard to the mandate of the Apex Court in Dataram Singh v. State of U.P., the Court held that the applicant has made out a case for bail.

Ratio / Principle

The bail application is allowed; the applicant Faizan is to be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to conditions, with the sureties to be verified before issuance of the release order.

Key takeaways

Release is subject to conditions: the applicant shall not tamper with prosecution evidence by intimidating/pressurizing witnesses during investigation or trial; shall cooperate in the trial sincerely without seeking any adjournment; and shall not indulge in any criminal activity after release; breach of any condition shall be a ground for cancellation of bail.ratio¶16

Detailed headnote1 paragraphs

Bail — grant of bail — High Court of Judicature at Allahabad (Deepak Verma, J.), order dated 05.09.2022 — applicant Faizan, in custody since 20.06.2022, sought bail in Case Crime No. 279 of 2022 under Sections 269, 270 IPC and Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Nakhasa, District Sambhal, arising from arrest of four persons from the spot with 50 kg. meat — counsel argued the applicant was innocent and falsely implicated, there was no independent witness of the recovery, recovered meat is normally shown as cow meat without Forensic Laboratory examination, and co-accused Salman had already been granted bail on 23.08.2022 in Crl. Misc. Bail Application No. 34205 of 2022 — Court, considering the nature of offence, evidence and complicity of accused and without expressing any opinion on merits, guided by the mandate of the Apex Court in Dataram Singh v. State of U.P., (2018) 3 SCC 22, held the applicant had made out a case for bail and allowed the application — release on personal bond and two sureties each in like amount, sureties to be verified before release order — conditions: no tampering with prosecution evidence or intimidating/pressurizing witnesses, sincere cooperation in trial without seeking adjournments, and no indulgence in criminal activity — breach of any condition to be a ground for cancellation of bail.

Court No. - 75

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34517 of 2022

Applicant :- Faizan Opposite Party :- State of U.P. Counsel for Applicant :- Farid Ahmad Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No.279 of 2022, under Sections 269, 270 I.P.C. and Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Nakhasa, District Sambhal, during pendency of trial.

As per prosecution version, four persons were arrested from the spot with 50 kg. meat.

It is argued by the learned counsel for the applicant that the applicant is quite innocent and has falsely been implicated in the present case by the informant; there is no independent witness of the alleged recovery. It is submitted that no offence under U.P. Prevention of Cow Slaughter Act, 1955 has been committed by him warranting punishment under the aforesaid Act. The submission is that whenever any meat is recovered, it is normally shown as cow meat without getting it examined or analyzed by the Forensic Laboratory. In most of the cases, meat is not sent for analysis. It has further been submitted that coaccused Salman has been granted bail by this Court vide order dated 23.08.2022 passed in Crl. Misc. Bail Application No.34205 of 2022. Moreover, there is no prospect of trial of the present case being concluded in near future. The applicant is not a previous convict. The applicant is languishing in jail since 20.06.2022 and in case he is enlarged on bail he will not misuse the liberty of bail and co-operate in trial.

Learned A.G.A. opposed the bail prayer of the applicant.

Considering the entire facts and circumstances of the case, submissions of learned counsel for the parties and keeping in view the nature of offence, evidence, complicity of accused and without expressing any opinion on the merits of the case and the mandate laid down by the Apex Court in the case of

Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

Let the applicant, Faizan , who is involved in the aforesaid case crime, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

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.

Order Date :- 5.9.2022

Meenu

Digitally signed by MEENU SINGH Date: 2022.09.05 18:03:27 IST Reason: Location: High Court of Judicature at Allahabad