1. Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. through video conferencing in view of COVID-19 pandemic.
2. The present bail application has been filed on behalf of the applicant seeking bail in pursuance to the First Information Report registered as Case Crime No. 376 of 2020, under Section 3/5A/8(1) of Cow Slaughter Act, Police Station - Kotwali Akbarpur, District - Ambedkar Nagar.
3. Submission of learned counsel for the applicant is that applicant is innocent and he has been falsely implicated in the present case. It is further submitted that the applicant has criminal history of six cases, which has been explained in paragraph 17 of the affidavit filed in support of the application. It is next submitted that all the cases have been registered against the applicant in illegal and malafide manner subsequent to registration of present first information report. It is lastly submitted that the co-accused of this case namely Mohd. Ahmad, has already been granted bail by this Court by means of order dated 16.12.2020, passed in Bail No. 10721 of 2020. A copy of the bail order has been annexed as Annexure No. 3 to the affidavit filed in support of bail application, therefore, the applicant may be granted bail on the ground of parity.
4. Learned A.G.A. has, however, opposed the prayer for grant of bail but he has fairly conceded that co-accused of this case namely Mohd. Ahmad has been already granted bail by this Court.
5. Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties as well as the fact that co-accused of the case has already been granted bail and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
6. Let applicant Ansar @ Dablu be released on bail in Case Crime No. 376 of 2020, under Section 3/5A/8(1) of Cow Slaughter Act, Police Station - Kotwali Akbarpur, District - Ambedkar Nagar, on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(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.
7. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel the bail and proceed against the applicant in accordance with law.
8. The application stands disposed of.
9. The party shall file computer generated copy of order downloaded from the official website of High Court Allahabad, self attested by him alongwith a self attested identity proof of the said person(s) (preferably Aadhar Card) mentioning the mobile number(s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
10. The concerned Court/Authority/Official shall verify the authenticity of the 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 :- 5.5.2021 A. Verma (Alok Mathur, J.)