Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant, Deep Narayan Paswan, who is involved in Case Crime No. 157 of 2020, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station-Mail, District-Deoria, is seeking enlargement on bail during the trial.
It is submitted by the learned counsel for the applicant that on 16.11.2020 F.I.R. has been lodged by the Police against 10 accused persons, namely Asif, Iltaf, Deep Narayan Paswan (the applicant), Sabab Husain, Sanu, Ramesh Kumar, Mohd. Talib, Shakeel, Rafeek and Mohd. Naseem. The main substratum of argument of learned counsel for the applicant is that co-accused Asif and Iltaf have been granted bail vide order dated 05.02.2021 by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 3039 of 2021 and co-accused Shakeel and Mohd. Talib have also been granted bail vide order dated 12.02.2021 by the co-ordinate Bench of this Court in Criminal Misc. Bail Application No. 8205 of 2021. It is also submitted by the learned counsel for the applicant that the case of present applicant stands on similar footing to that of the aforesaid co-accused, therefore, the applicant is also entitled to be released on bail on the ground of parity. It is next submitted that the applicant has no criminal history and he is languishing in jail since 16.11.2020.
Per contra learned A.G.A. has opposed the bail prayer of the applicant, but does not dispute the factual aspects of the case as argued by the learned counsel for the applicant.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Deep Narayan Paswan be released on bail in the aforesaid case crime number 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:-
(i) The applicant shall file an undertaking to the effect that he 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 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.
(iii) In case, the applicant misuses the liberty of bail during trial 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.
(iv) 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 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 him in accordance with law.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 18.2.2021 Sunil Kr. Gupta