Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24807 of 2019 Applicant :- Ashad Ali Opposite Party :- State Of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.187 of 2019, under Sections 3/5/8 of Prevention of Cow Slaughter act and 11 of Animal Cruelty Act, Police Station Civil Lines, District Rampur.
Learned counsel for the applicant submits that according to prosecution on 25.02.2019 5 quintal beef was recovered from an un-identified house and it is alleged that two persons fled away from the spot. There is no public witness of the alleged recovery. It is also submitted that co-accused Ashad Ali has been granted bail by Co-ordinate Bench of this Court vide order dated 13.05.2019 in Criminal Misc. Bail Application No. 19423 of 2019 (Ashad Ali vs. State of U.P.). There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that applicant has a criminal history of three cases and in all the cases he has been bailed out and is languishing in jail since 07.05.2019.
Per contra, learned A.G.A. has opposed the bail prayer and submitted that the applicant has committed the alleged offence, therefore, the applicant is not entitled for bail.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Ashad Ali involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that he will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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.
Order Date :- 20.6.2019 Swati