Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30080 of 2021 Applicant :- Ayub And Another Opposite Party :- State Of U.P Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, 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.213 of 2021, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Bhojpur, District Ghaziabad.
Learned counsel for the applicants submits that according to FIR version, on 14.05.2021 applicants were arrested from a jungle along with 100 kg. beef. He further submits that there is no independent witness of the recovery. The offence is triable by Magistrate Ist Cllass. At the same time two more cases have been registered against the applicants. He also submits that applicant no.2 is also licensee of meet shop. He has been falsely implicated in this case. Applicants have no criminal history. He further submits that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicant shall not misuse the liberty of bail and the applicants are languishing in jail since 15.05..2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants by submitting that 100 kg. beef has been recovered and as per expert report, recovered meet is beef, therefore, applicants are not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, no independent witness of the recovery, nature of offence as well as punishment provided for the offence and perusing the material on record, without expressing any opinion on merit of the case the applicants are entitled for bail, let the applicant Ayub and Faeem involved in aforesaid case crime be released on bail on their 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 applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 their 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 19.8.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.08.19 16:31:48 IST Reason: Document Owner Location: High Court of Judicature at Allahabad