Court No. - 47
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24879 of 2019 Applicant :- Smt. Fatma Opposite Party :- State Of U.P.
Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.489 of 2019, under Section 3/5/8 Cow Slaughter Act, Police Station Kotwali City, District Muzaffar Nagar.
Learned counsel for the applicant submits that according to prosecution version on the information of mukhbir the police party rushed to the place of occurrence i.e. the house of Mehtab where the applicant along with co-accused Savez and Pravez were caught and the police claims to have recovered 160 kg. meat, skin, knifes etc and two co-accused persons have escaped from the spot. He has further submitted that the applicant has been falsely implicated in the present case. There is no independent witness of the said recovery. He further submitted that the applicant has not committed the alleged offence. False recovery has been planted against the applicant by the police party. The co-accused Savez and Parvez have been already granted bail by co-ordinate Bench of this Court vide order dated 20.06.2019 in Criminal Misc. Bail Application No.24930 of 2019. 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 the applicant is a lady and is languishing in jail since 29.05.2019.
Per contra, learned A.G.A. has vehemently opposed the bail prayer of the applicant but could not dispute the aforesaid facts.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material on record, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant-Smt. Fatma involved in aforesaid case crime be released on bail on her 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 applicant shall file an undertaking to the effect that she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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 her in accordance with law.
Order Date :- 21.6.2019 Jitendra