Criminal Misc. Bail Application allowing release of applicant Mohd. Aarif on personal bond and sureties in case under Sections 147, 148, 149 IPC and Cow Slaughter Act, noting lack of spot arrest or recovery.
Applicant released on bail on furnishing personal bond and two sureties.
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Court No. - 88
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13643 of 2023
Applicant :- Mohd. Aarif Opposite Party :- State of U.P. Counsel for Applicant :- Sarvajeet Singh Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Sarvajeet Singh, learned counsel for the applicant and Dr. S.B. Maurya, learned AGA-I for the State-respondent.
The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0055 of 2023, under Sections 147, 148, 149, 307 IPC and 3/5/8 Cow Slaughter Act, Police Station- Sahaswan, District- Budaun, during pendency of the trial in the court below.
FIR of the present case was lodged against seven persons including applicant and according to the FIR, co-accused Mohd. Arif and Dilshad were apprehended by police and from their possession 200 Kg. beef and other items were recovered and they disclosed the name of the applicant and four others.
Learned counsel for the applicant submitted that applicant was neither arrested at spot nor any recovery was made from his possession and his name was disclosed by co-accused persons who were arrested at spot and except the statement of coaccused persons there is no evidence on record against the applicant. He further submits that co-accused Noor Alam has already been released on bail by this Bench vide order dated 24.03.2023 passed in Criminal Misc. Bail Application No. 9514 of 2023. He further submitted that although applicant is having criminal history of three cases but criminal history of the applicant has been explained in paragraph-15 to the affidavit filed in support of present application and in the present matter applicant is in jail since 20.1.2023.
Per contra, learned AGA although, opposed the prayer for bail but could not dispute the argument on facts advanced by learned counsel for the applicant.
I have heard both the parties and perused the record of the case.
Applicant was neither arrested at spot nor any recovery was made from his possession and it is alleged that his name was
disclosed by co-accused Mohd. Arif and Dilshad, who were arrested at spot. Further, co-accused Noor Alam has already been released on bail by this Bench vide order dated 24.03.2023 passed in Criminal Misc. Bail Application No. 9514 of 2023 and although applicant is having criminal history of three cases but criminal history of the applicant has been explained in paragraph-15 to the affidavit filed in support of present application and in the present matter applicant is in jail since 20.1.2023.
Therefore, from the discussion made above, in my view applicant is entitled to be released on bail.
Accordingly, without expressing any opinion on the merits of the case, the instant bail application is allowed.
Let the applicant- Mohd. Aarif be released on bail in the aforesaid case on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall appear before the trial court on the dates fixed, unless his personal presence is exempted.
(ii) 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 or any police officer or tamper with the evidence.
(iii) The applicant shall not indulge in any criminal and antisocial activity.
In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant.
Order Date :- 11.4.2023 AK Pandey
Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether the applicant is entitled to release on bail under Sections 437/439 CrPC given lack of spot arrest and reliance on co-accused statements.
Whether conditions of prior release or criminal history justify denial of bail.
Mohd. Aarif
State of U.P.
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
