Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52193 of 2019 Applicant :- Bilal Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Bilal, with a prayer to release him on bail in Case Crime No.237 of 2019, under Sections 3/5A /8 U.P. Prevention of Cow Slaughter Act, 1955 and Section 3/11 Prevention of Cruelty to Animal Act, Police Station- Fatehpur, District- Saharanpur, during pendency of trial.
Learned counsel for the applicant has contended that the co- accused, Vajeer, has been granted bail by this Court on 05.11.2019 in Criminal Misc. Bail Application No.37668 of 2019. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant is languishing in jail since 14.10.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned AGA has opposed the prayer for bail, but does not dispute the claim of parity.
Let the applicant involved in aforesaid case be released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 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 his bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 26.11.2019 A.Kr.*