Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 41414 of 2018 Applicant :- Bilal And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of the applicant is taken on record. Counter affidavit filed on behalf of the State is taken on record.
Heard Sri Farid Ahmad Ahmad, learned counsel for the applicants and 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 385 kg. meat of prohibited animal, 8 alive bullocks & 6 cows was shown by the police against the joint possession of applicants and other co-accused persons. Nothing has been recovered from their possession. There was no independent witness of the alleged recovery. The applicants are languishing in jail since 6.9.2018. Applicant No.1 has criminal history of cases and he is on bail in all these cases, which has been properly explained in paragraph 2 of the supplementary affidavit filed in support of the bail application. Applicant no.2 has 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.
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- Bilal & Sonu involved in Case Crime No.482 of 2018 under Sections 3/5/8 Cow Slaughter Act & Sec.11 Prevention Cruelty to Animal Act, Police Station- Nakhasa District Sambhal 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 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 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 18.12.2018 IA