Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 18831 of 2021 Applicant :- Danish And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Anand Ji Mishra,Kaushal Kumar Pandey 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 applicants with a prayer to enlarged them on bail in Case Crime No. 634 of 2020, under Section 3/8 U.P. Cow Slaughter Act, Police Station Lisarigate, District Meerut.
Learned counsel for the applicants submits that according to the F.I.R., Farman, Kasim, Sariqu, Heena, Sanno were arrested on the spot and from their possession 400 kg. Beef was ecovered. He further submits that applicants and two others were alleged to have been shown fled away from the spot. He further submits that the co-accused Kasim and Sariq arrested on the spot have been granted bail by co-ordinate Bench of this Court vide order dated 19.02.2021 in Criminal Misc. Bail Application No.7934 of 2021. Therefore, the applicants are entitled for bail on the ground of parity. He further submits that there is criminal history of seven cases against applicant no.1 and criminal history of eleven cases against applicant no.2, which have been explained in Para 4 and 5 of the bail application, respectively. One case has been registered against applicant no.1 under Gangster Act. 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 is languishing in jail since 04.02.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the factual aspect.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, enlargement of the co- accused on bail, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants-
Danish & Rahisu 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 his 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 misuses 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 him 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 for cancellation of bail.
Order Date :- 13.8.2021 Zafar