Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43448 of 2021 Applicant :- Anees Ahmad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Mirza Faheem Beg Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 87 of 2021 under Sections 3, 5 and 8 of the Prevention of Cow Slaughter Act, Police Station - Khakhreru, District - Fatehpur with the prayer to enlarge the applicants on bail.
The FIR of this incident was lodged on the complaint made by SI Suraj Kumar Kanojiya on 13.04.2021 and as many as eight persons including the present applicants. In the FIR it was alleged by the complainant that the accused persons were found involved in illegal slaughtering of cows and from the place of the incident beef and other incriminating materials like weapons etc. used and to be used in slaughtering were also shown recovered. It is also alleged in the FIR that some accused persons were arrested on the spot and some accused succeeded to run away.
The contention as raised at the Bar by learned counsel for the applicants is that applicant-accused are quite innocent and they have been falsely implicated in the present case. It is submitted that the present accused applicants were not arrested from the place of the alleged incident of slaughtering, they are said to have run away. It is also argued that four accused persons who were arrested at the place of incident, have already been granted bail and the copies of their bail orders are annexed on page No. 37 onward to the affidavit filed in support of this bail application. Lastly, it is argued that the applicants are in jail since 07.09.2021 and that in case they are enlarged on bail, they will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail. But he does not dispute the submissions made by the learned counsel for applicants.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicants, considering that the four accused persons who were arrested on the spot have already been granted bail and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicants Anees Ahmad and Mohd. Shahid alias Sayeed alias Raju involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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;
(2). The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(3). In case, the applicants misuse the liberty of bail 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 may initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of their bail and proceed against them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
Order Date :- 28.10.2021 LBY