Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42372 of 2018 Applicant :- Bhura And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Pradeep Kumar, learned counsel for the applicants and Sri Abhinav Prasad,learned AGA 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 of 2 quintal. meat of prohibited animal was shown by the police against the joint possession of the applicants. Nothing has been recovered from their possession and they were not arrested on the spot rather ther were taken from their house.There was no independent witness of the alleged recovery. The applicants are languishing in jail since 14.8.2018. The applicants have no other reported criminal antecedent. In case applicants are released on bail, they will not misuse the liberty of bail and will cooperate in the trial.Co-accused Saeed @ Bhaiya has already been released on bail by this Court on 26.11.2018 in Criminal Misc. Bail Application No.44785 of 2018.
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 Bhura & Rasid involved in Case Crime No.140 of 2018 under Sections 3/5/8 Cow Slaughter Act, Police Station- Jahanabad, District Fatehpur be released on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of court concerned subject to the following conditions:-
(i) The applicants shall file an undertaking to the effect that they 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 their 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 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 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 :- 22.1.2019 IA