Faeem Vs State of U.P.

Court No. - 79

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56425 of 2022

Applicant :- Faeem Opposite Party :- State of U.P. Counsel for Applicant :- Mukesh Joshi,Manish Joshi Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Vidyarthi,J.

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1.Heard Sri Manish Joshi, the learned counsel for the applicant, Sri Arun Kumar Pandey, the learned Additional Government Advocate and perused the record.

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2.The instant application has been filed seeking release of the applicant on bail in Case Crime No. 484 of 2022, under Sections 3, 5, 8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station Katghar, District Moradabad.

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3.The aforesaid case has been registered on the basis of a first information report lodged by a Sub-Inspector of Police against two named accused persons, including the applicant and an unknown person, alleging that on the basis of an information received from a Mukhbir, the police raided a house of the coaccused Haji Kallan. It is stated in the FIR that all the persons present in the house ran away through rooftops and about 50 kg. flesh of cow progeny was recovered from the house.

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4.It has been averred in the affidavit filed in support of the bail application that the applicant is an innocent person, he has been falsely implicated in the case, he is having no previous criminal history and he is in jail since 04.09.2022. It has also been stated in the affidavit that there is no possibility of the applicant tampering with any evidence and in such circumstances, the applicant is entitled for bail. It is also stated in the affidavit that the applicant will not misuse the liberty of bail and he will fully cooperate in the investigation. It has further been stated in the affidavit that after his arrest, the police implicated the applicant in five cases, in which the applicant has already been granted bail.

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5.The learned counsel for the applicant has submitted that the other named accused Hazi kallan has already been granted interim bail by means of order dated 26.09.2022 passed by this Court in Criminal Misc. Anticipatory Bail Application No.8577 of 2022

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6.Per contra, the learned Additional Government Advocate has opposed the prayer for grant of bail, but he could not dispute the aforesaid aspects of the matter.

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7.Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has not been arrested on the spot and no incriminating material has been recovered from his possession and the other named coaccused person has been granted bail, I am of the view that the applicant is also entitled to be released on bail in the aforesaid case.

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8.In light of the preceding discussion and without making any observation on the merit of the case, the instant bail application is allowed .

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9.Let the applicant Faeem be released on bail in Case Crime No. 484 of 2022, under Sections 3, 5, 8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station Katghar, District Moradabad on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court below, subject to the following conditions:-

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(i) The applicant will not tamper with the evidence during the trial.

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(ii) The applicant will not influence any witness.

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(iii) The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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(iv) The applicant shall not directly or indirectly make 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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10.In case of breach of any of the above condition, the prosecution shall be at liberty to move an application before this Court seeking cancellation of the bail.

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Order Date :- 12.12.2022 Ashish Pd.

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Digitally signed by ASHISH PRASAD Date: 2022.12.15 19:07:50 IST Reason: Location: High Court of Judicature at Allahabad

Faeem v. State of U.P.

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Faeem v. State of U.P.

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