The Allahabad High Court granted bail to the applicant under Section 439 Cr.P.C. in a case involving cow slaughter and arms offences, citing the applicant's lack of criminal history and prima facie fitness for bail without delving into case merits.
Release on bail with personal bond and two sureties on specified conditions.
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Neutral Citation No. - 2023:AHC:123021
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24859 of 2023
Applicant :- Neet Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Pramod Kumar Dubey,Rajendra Prasad Tripathi
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
Heard Sri Pramod Kumar Dubey, learned counsel for the applicant and learned AGA for the State.
This bail application purported to be under Section 439 of the Cr.P.C. has been moved on behalf of applicant- Neet Kumar for enlarging him on bail in Case Crime No. 96 of 2023 under Sections 3/5A/8 of Cow Slaughter Act and Section 4/25 of Arms Act registered at Police Station- Chandauli, District-Chandauli.
The bail application so preferred by the applicant has been rejected by the court below on 25.4.2023.
Learned counsel for the applicant has argued that the applicant has been falsely implicated in the case in question, as it is not a case wherein any slaughtering of cow was done as only the cow was being transported in a vehicle in question, thus none of the attributes of the Cow Slaughter Act stands attracted.
Learned counsel for the applicant has drawn the attention of this Court towards paragraph-15 of the affidavit so as to contend that applicant does not have any criminal history and is languishing in jail since 6.4.2023. If the applicant is released on bail, he will not misuse the liberty of bail, he be enlarged on bail.
Countering the said submission, the learned AGA though opposed the bail while arguing the applicant has committed offence, therefore, he has been proceeded in the said case, however, he could not dispute that the applicant does not have criminal history.
Considering the submissions so advanced by the learned counsel for the parties on the question of bail, this Court prima facie finds
that this is a fit case for grant of bail as applicant has no criminal history and is languishing in jail since 6.4.2023, 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.
These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
In the light of the aforenoted discussion and without making any observations on the merits of the case, the bail application is allowed.
Let the applicant- Neet Kumar 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 :-
i) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
(ii) The applicant shall cooperate in the trial sincerely without seeking any adjournment.
(iii) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
(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.
(v) Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Any observations made in granting bail to the applicant shall not in any way affect the learned Trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 1.6.2023/piyush
Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad
2 issues framed by the court
Whether bail is maintainable under Section 439 Cr.P.C. in a case involving alleged cow slaughter and arms offences.
Whether the applicant's lack of criminal history justifies granting bail in the present case.
1 provisions across 1 enactments
Neet Kumar
Vikas Budhwar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
