The Allahabad High Court has granted bail to Anees, the main accused in the murder of illegal meat businessman Zakir alias Raju Kasai 11 years ago in Atala locality of Prayagraj.
The Division Bench of Justice Suneet Kumar and Justice Gautam Chowdhary passed this order on a bail application filed by Anees.
It is urged that as per custody certificate dated 26.5.2022 of Senior Superintendent, Central Jail, Naini, Prayagraj, appellant/applicant has undergone 11 years 2 months and 19 day sentence pursuant to the impugned judgment and order and with remission 11 years 2 months and 21 days.
It is urged that the appeal is not likely to be heard in near future.
In support of his submission, reliance has been placed on the decisions of the Supreme Court in Saudan Singh Vs The State of Uttar Pradesh (Criminal Appeal No 308 of 2022) and Brijesh Kumar @ Ramu Versus The State of Uttar Pradesh (Criminal Appeal No 540 of 2022) the appellant is entitled to be enlarged on bail, the Court noted.
Additional Government Advocate has strongly opposed the prayer for bail but he has not been able to dispute the aforenoted authorities.
The Court opined that the sentence awarded by the trial court be kept in abeyance and the appellant be enlarged on bail. Consequently, the prayer for bail is granted.
The Court ordered that,
Without expressing any opinion on the merit of the case, let the appellant/applicant Anees, convicted and sentenced in Sessions Trial No 1371 of 2011 (State Vs Shabbe Kane and others) arising out of Case under Section 302/34, 323/34 , 504 /34 IPC and Section 7 of Cr LA Act and Session Trial No 1369 of 2011 (State vs Anees) arising out of Case Crime No 102 of 2011 under Section 3/25 of Arms Act, Police Station Khuldabad, District Allahabad, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the court concerned.
It is made clear that the appellant/ applicant shall deposit 50% of the fine imposed by the trial court, rest of fine imposed by the trial court in the impugned order shall remain stayed till the decision of the appeal.
On acceptance of bail bond and personal bond, the lower court shall transmit photostat copies thereof to the Court for being kept on the record.