Court No. - 43
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21310 of 2019 Applicant :- Afsar @ Fuddi Opposite Party :- State Of U.P. Counsel for Applicant :- Shujauddin Counsel for Opposite Party :- G.A.
Hon'ble Ram Krishna Gautam,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present bail application has been filed by the applicant Afsar @ Fuddi for enlarging him on bail in Case Crime No. 38 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station -Azimngar, District -Rampur.
Learned counsel for the applicant submitted that the applicant has been falsely implicated in the present case due to ulterior motive. He was neither apprehended on spot nor was there any recovery from him. Co-accused Arshad has been enlarged on bail in Criminal Misc. Bail Application No. 12300 of 2019. It is next submitted that there is no criminal history of the applicant. The applicant is in jail since 30.4.2019.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant namely Afsar @ Fuddi, involved in Case Crime No. 38 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station -Azimnagar, District -Rampur, be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of court concerned on the following conditions that:-
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law.
(ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against him in accordance with law.
However, It is made clear that in case the applicant indulges in intimidating or threatening any witness, the State or Prosecutor would be at liberty to file an application for cancellation of bail.
Order Date :- 4.6.2019 Kamarjahan