Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45041 of 2018 Applicant :- Akil And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri R.K.Dubey, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. for the State and perused the record..
It is submitted by learned counsel for the applicants that the applicants have been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and they have committed no offence. False recovery bones and beef was shown by the police from the joint possessions of the applicant. Nothing has been recovered from their possession. There was no independent witness. The applicants are languishing in jail since 29.9.2018. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and keeping in view the nature of submissions advanced, let the applicants namely- Akil and Shahadat involved inf Case Crime No. 246 of 2018 under Sections 5/8 Cow Slaughter & Prevention of Cruelty to animals Act,, Police Station- Delari, District Moradabad be enlarged on bail on their executing a personal bond and furnishing two sureties subject to the following condition:-
(i) The applicants 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 applicants 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 them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them in accordance with law.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 27.11.2018 IA