Court heard learned counsel for the applicant, learned A.G.A. for State and perused the materials available on record. Accused-applicant(Mohammad Zishan), who was 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, had applied for bail in court.
Learned counsel for the applicant submitted to the court that the applicant had been falsely implicated in the this case due to ulterior motive and he had not committed any offence. First Information Report has been lodged against the accused-applicant along with four other co-accused. Nothing was recovered from the possession of the accused-applicant. Learned counsel for applicant had submitted that the accused-applicant was neither the owner nor the employee of the alleged shop and that the present offence was triable by Magistrate. There was no criminal history of the accused-applicant.
Accused-applicant(Mohammad Zishan) was languishing in Jail since15.09.2021. The co-accused(Kamil) was 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 was on identical footing. Hence, the applicant(Mohammad Zishan) was also entitled for bail on the ground of parity. If accused-applicant was enlarged on bail, he would not misuse its liberty. Due to heavy pendency of cases in Trial Court, there was 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.
After 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, court decided that the applicant(Mohammad Zishan) deserved bail. Accordingly, the bail application was allowed.
The applicant-Mohammad Zishan was 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:-
1. The applicant shall not tamper with the evidence or threaten the witnesses.
2. 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.
3. During trial, applicant shall not indulge in any criminal activities or case.
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