Mohammad Zishan vs State Of U. P. Through Principal Secretary Department

Rajendra Kumar-IV, J

Heard learned counsel for the applicant, learned A.G.A. for State and perused the materials available on record.

Accused-applicant, involved in Case Crime No. 226 of 2021, under Sections 3, 5, 8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Bhagatpur, District Moradabad, applied for bail.

Learned counsel for the applicant submits in the following manner that :-

Applicant has been falsely implicated in the present case due to ulterior motive and he has committed no offence.

First Information Report has been lodged against the accused-applicant along with four other co-accused. Nothing has been recovered from the possession of the accused-applicant. The accused-applicant is neither the owner nor the employee of the alleged shop. Present offence is triable by Magistrate. There is no criminal history of the accused-applicant.

Accused-applicant is languishing in Jail since15.09.2021.

Co-accused-Kamil has already been granted bail, vide order dated 2.11.2021 passed in Criminal Misc. Application No. 44747 of 2021 by this Court and the case of the applicant stands on identical footing, hence, the applicant is also entitled for bail on the ground of parity. If accused-applicant is enlarged on bail, he shall not misuse its liberty. Due to heavy pendency of cases in Trial Court, there is no possibility of early disposal of trial.

Learned A.G.A. opposed the prayer for bail and submitted that both the articles are the same.

Considering the facts and circumstances of the case, rival contentions of learned counsel for the parties, role of accused-applicant in the commission of crime, detention of applicant in jail, severity of punishment in case of conviction and without commenting upon the merit of the case, applicant deserves bail.

Accordingly, application is allowed.

Let applicant-Mohammad Zishan be released on bail in the aforesaid case crime on his furnishing a personal bond and two reliable sureties and filing an undertaking to the satisfaction of the Court concerned subject to the following conditions:-

The applicant shall not tamper with the evidence or threaten the witnesses.

The applicant shall co-operate with the trial and shall not seek any adjournment on the dates fixed for charge, evidence when the witnesses are present in the court, statement under Section 313 Cr.P.C. and argument.

During trial, applicant shall not indulge in any criminal activities or case.

In breach of any condition enumerated above, Trial Court shall be at liberty to treat it as abuse of liberty of and pass appropriate orders in accordance with law.