Mohd. Sameer Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

Mohd. Sameer Vs State of U.P. — Allahabad HC (2023) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Mohd. Sameer released on bail during pendency of trial in Case Crime No. 14 of 2023 on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned (sureties to be verified before release order), subject to conditions of not tampering with prosecution evidence/witnesses and cooperating in trial without adjournments; breach to be a ground for cancellation of bail.

Issue for consideration

Whether the applicant Mohd. Sameer, accused in Case Crime No. 14 of 2023, P.S. Phoolpur, District Azamgarh (Sections 147, 148, 149, 307 IPC; Section 3/5/8, U.P. Prevention of Cow Slaughter Act, 1955; Section 11, Prevention of Cruelty to Animals Act, 1960), should be released on bail during pendency of trial. +1 more

Court's answer

Considering the entire facts and circumstances, submissions of counsel, nature of offence, evidence and complicity of the accused, and that the trial would take some time to conclude, there was no point keeping the applicant in jail during the pendency of the trial.

Ratio / Principle

The court found that the similarly placed co-accused persons had been enlarged on bail by the coordinate bench of this court vide orders dated 3.2.2023, 2.2.2023 and 10.2.2023.

Key takeaways

The bail application is allowed.ratio¶10
The observations made while deciding the bail application are prima facie in nature and shall have no bearing on the trial of the case.obiter¶11
The applicant Mohd. Sameer 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, with the sureties to be verified before issuance of the release order.ratio

Detailed headnote1 paragraphs

Bail granted on parity with co-accused — High Court of Judicature at Allahabad (Hon'ble Vinod Diwakar, J.), Criminal Misc. Bail Application No. 6759 of 2023, order dated 17.2.2023: Mohd. Sameer, accused in Case Crime No. 14 of 2023, P.S. Phoolpur, District Azamgarh, under Sections 147, 148, 149, 307 IPC, Section 3/5/8 of the U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 (AGA stated recovery of 80 K.G. beef from the accused persons and a country made pistol from the applicant; no other criminal history), enlarged on bail during pendency of trial. Charge-sheet had been filed. The court found the similarly placed co-accused Mohd. Rehan, Sajida and Shamshad Ahmad had already been enlarged on bail by a coordinate bench (Bail Application Nos. 5264, 5073 and 6306 of 2023; orders dated 3.2.2023, 2.2.2023 and 10.2.2023) and, considering the nature of offence, evidence, complicity of the accused and the time the trial would take, held there was no point keeping the applicant in jail. Release directed on a personal bond and two sureties each in the like amount, subject to conditions of non-tampering with evidence/witnesses and sincere cooperation without adjournments, breach being a ground for cancellation; court's observations stated to be prima facie and without bearing on the trial.

Court No. - 47

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6759 of 2023

Applicant :- Mohd. Sameer Opposite Party :- State of U.P. Counsel for Applicant :- Nayab Ahmad Khan Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

Heard learned counsel for the applicant and learned A.G.A. on behalf of 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. 14 of 2023, under Sections 147, 148, 149, 307 IPC and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Phoolpur, District Azamgarh, during pendency of trial.

It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Counsel for applicant submits that the applicant has been falsely implicated in the case of cow slaughtering. He further submits that country made pistol has been falsely shown to be recovered from the possession of applicant. Counsel for applicant further submits that the bail of similarly placed coaccused Mohd. Rehan, Sajida and Shamshad Ahmad have been granted bail by this court in Bail Application Nos. 5264 of 2023, 5073 of 2023, 6306 of 2023 respectively. Police have completed investigation and filed charge-sheet. Therefore, a custodial interrogation is not required.

Per contra, learned A.G.A. submits that the co-accused are enrolled as accused under Sections 147, 148, 149, 307 IPC & Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960 wherein recovery of 80 K.G. beef has been made from the possession of the accused persons and a country made pistol has been recovered from the possession of applicant. There is no other criminal history against the applicant.

Having heard the learned counsel for the parties and after perusal of record, I find that the similarly placed co-accused persons have

been enlarged on bail by the coordinate bench of this court vide orders dated 3.2.2023, 2.2.2023, 10.2.2023. 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, it may take some time to conclude the trial. Hence, therefore, there is no point of keeping the applicant in jail during the pendency of the trial. Therefore, the bail application is allowed.

Observation made by this court while deciding the present bail application are prima facie in nature and shall have no bearing on the trial of the case. Let the applicant, Mohd. Sameer 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 trial.

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

In case of breach of any of the above conditions, the same shall be a ground for cancellation of bail.

Order Date :- 17.2.2023 A. Farooqui

Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad