Allowed

Nathu Kha v. State of U.P.

Allahabad HC10 Feb 2022BAIL/3833/2022

Case brief

AI extract

What is this about?

This criminal bail application under Section 439 Cr.P.C. was filed by Nathu Kha accused under the Prevention of Cow Slaughter Act. The High Court allowed bail considering the applicant has no criminal history, co-accused were released, and due to jail overcrowding during the pandemic.

What did the court decide?

Bail allowed by filing a personal bond and two sureties each in the like amount subject to standard conditions.

Nathu Kha Vs State of U.P. — Bail and Remand | Allahabad HC (2022)

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Court No. - 92

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 3833 of 2022

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Applicant :- Nathu Kha Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.

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Hon'ble Vikas Budhwar,J.

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Heard Sri Anuj Bajpai learned counsel for the applicant and Sri Indrajeet Singh Yadav learned AGA for the State.

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This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant Nathu Kha for seeking bail in Case Crime No.369 of 2021, under Section 3/5/8 of the Prevention of Cow Slaughter Act, Section 11 Animal Cruely Act registered at Police Station-Mdanapur, DistrictShahjahanpur.

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The bail application of the applicant has been rejected by the court below, on 13.8.2021.

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Learned counsel for the applicant has argued that a first information report has been lodged by S.I. Baburam Saini before the P.S. Mdanapur, District Shahjahanpur, being FIR No. 0369 on 27.7.2021 at 11.26 hours under the above noted sections against 5 accused including applicant. Learned counsel for the applicant has further argued that he is falsely implicated in the case as he was at relevant point of time in his house, he is neither owner of alleged reovered material used for cow slaughtering and there was no independent witness.

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Learned counsel for the applicant has drawn the attention towards page 18 of the bail application so as to contend that Sajid has been enlarged on bail by a coordinate bench of this court on 17.12.2021 in Criminal Misc. Bail Application No.39719 of 2021, Sajid Vs. State of U.P. followed by Rafique, who has also been enlarged on bail, in Criminal Misc. Bail Application No.41297 of 2021 on 11.1.2022 and thus the applicant is also entitled to be enlarged on bail particularly in view of the fact that the applicant does not have any criminal history as disclosed in paragraph 12 of the application.

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Countering the said submissions, learned AGA for the State has opposed the bail but he could not dispute the applicant does not have any criminal history and co-accused have been granted

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bail.

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Considering the submissions so advanced by the learned counsel for the parties on the question of bail, prima facie this Court finds that this is a fit case for grant of bail as applicant does not have any criminal history and further co-accused has been enlarged on bail, as also looking into the nature of acquisition, the evidence collected by the I.O, in support of the charge, gravity of offence, nature and severity of the punishment in the case of conviction, complicity of accused and all attending circumstances.

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Courts have taken notice of the overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of COVID 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.

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In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.

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Let the applicant Nathu Kha involved in aforesaid 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 with the following conditions that :-

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

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

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(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

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(iv) 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 him from disclosing such facts to the Court to any police officer or tamper with the evidence.

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(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.

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In case of breach of any of the above conditions, it shall be a

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ground for cancellation of bail.

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Any observations made in granting bail to the applicants shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.

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Taking into consideration that Covid-19 is continuing and due to which certified copy would not be possible to be obtained by the applicant, therefore, if a copy of this order downloaded from the official website of Allahabad High Court and self attested by the counsel for the applicant is placed before the Court, the same would be entertained.

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Order Date :- 10.2.2022 piyush

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Digitally signed by PIYUSH KUMAR Date: 2022.02.14 17:32:13 IST Reason: Location: High Court of Judicature at Allahabad

Nathu Kha v. State of U.P.

Case brief

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Nathu Kha v. State of U.P.

Case brief

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