Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6023 of 2018 Applicant :- Dilawar Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Sunder Mishra Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, who is involved in Case Crime No. 269 of 2017, under Sections 3/5/8 Cow Slaughter Act, Police Station Hathgaon, District Fatehpur.
Learned counsel for the applicant has submitted that he has been falsely implicated in the present case with ulterior motive and there is no public witness of the alleged recovery of 04 kg. beef and 15 kg. fat. It is further submitted that nothing has been recovered from the possession of the applicant and his name has come to the light in the confessional statement of co-accused Raheem, who has already been granted bail by another bench of this Court vide order dated 07.12.2017, as such applicant is also entitled for bail. It is further submitted that applicant has no criminal history. Lastly, it is submitted that the accused-applicant is in jail since 31.01.2018 and he undertakes not to misuse the liberty of bail, if granted.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts of the case and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicant, Dilawar, be released on bail in Case Crime No. 269 of 2017, under Sections 3/5/8 Cow Slaughter Act, Police Station Hathgaon, District Fatehpur on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions.
(i). The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 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 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.
Order Date :- 27.2.2018 T.S.