An accused is entitled to bail if they have no criminal history, have been in jail for a significant period, and the co-accused has been granted bail.

Court No. - 84

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50791 of 2022

Applicant :- Nawab

Opposite Party :- State of U.P.

Counsel for Applicant :- Chandra Bhushan Prasad,Mohd. Akbar Shah

Alam Khan,Pradeep Kumar Singh

Counsel for Opposite Party :- G.A.

Hon'ble Sameer Jain,J.

1. Heard Sri Mohd. Akbar Shah Alam, learned counsel for the

applicant and Dr. S.B.Maurya, learned AGA-I, for the State.

2. The instant bail application has been moved on behalf of the

applicant with the prayer to release him on bail during trial in

Case Crime No.516 of 2022 under Section 3/5/8 (1) Prevention

of Cow Slaughter Act, Police Station Khatauli, District

Muzaffar Nagar.

3. According to the prosecution case, applicant along with co-

accused Ayyub were arrested from the spot and from the joint

possession of applicant and co-accused Ayyub 30kg of beef was

recovered. It is further mentioned in the FIR that one accused

person, namely, Iqramuddin managed to escape.

4. Learned counsel for the applicant submits that applicant is

innocent. He has falsely been implicated in the present matter

and he neither ever indulged in cow slaughtering nor any beef

was recovered from his possession and entire allegation made

against the applicant is totally false and baseless. He further

submits that applicant is having no criminal history and he is in

jail in the present matter since 8.10.2022 and similarly placed

co-accused Ayyub,who was also arrested from the spot along

with applicant has already been released on bail by Coordinate

Bench of this Court vide order dated 20.12.2022 passed in

Criminal Misc.Bail Application No. 54133 of 2022.

5. Per contra, learned AGA although opposed the prayer for

bail but could not dispute the fact that applicant is not having

any criminal history and he is in Jail in the present matter since

October, 2022 and co-accused Ayyub has already been released

on bail by this Court and the case of applicant is also at par with

co-accused Ayyub.

6. I have heard learned counsel for the parties and perused the

record of the case.

7. According to the prosecution case, applicant and co-accused

Ayyub were arrested from the spot and from their possession

30kg beef was recovered.

8. Applicant is having no criminal history and he is in jail since

October, 2022 and co-accused Ayyub has already been released

on bail by this Court vide order dated 20.12.2022 passed in

Criminal Misc.Bail Application No.54133 of 2022, therefore,

considering the fact and circumstances of the case and

considering the fact that applicant is in jail since October,2022,

in my opinion, applicant is entitled to be released on bail.

9 . In the light of discussions made above, without expressing

any opinion on the merits of the case, the instant bail

application is allowed.

11. Let the applicant-Nawab 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 anti-

social activity.

11. 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 :- 9.1.2023

SKM

Digitally signed by :-

SHRAVANA KUMAR MISHRA

High Court of Judicature at Allahabad