Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7499 of 2018 Applicant :- Firoz Opposite Party :- State Of U.P.
Counsel for Applicant :- Santosh Kumar 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, Firoz, who is involved in Case Crime No. 1310 of 2017, under Section 3/5A/8 Cow Slaughter Act, P.S.- Khatouli, District- Muzaffar Nagar.
Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case on the basis of suspicion due to ulterior motive and there is no public witness of the alleged recovery of 50 Kg beef and some slaughtering instruments from the place of the occurrence. It is further submitted that the applicant has no criminal history nor he is named in the FIR. It is next contended that there is no evidence to connect the applicant with the matter and the alleged recovery of 50 Kg beef is fake. It is next submitted that co-accused Jaggu @ Jamshed has been granted bail by this Court vide order dated 13.02.2018 in Criminal Misc. Bail Application No. 3404 of 2018, thus applicant is also entitled for bail. It has also been submitted that the criminal history shown against the applicant has been properly explained in para 13 of the affidavit. Lastly, it is submitted that the applicant is in jail since 12.12.2017, and he undertakes that he will not 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, Firoz, be released on bail in Case Crime No. 1310 of 2017, under Section 3/5A/8 Cow Slaughter Act, P.S.- Khatouli, District- Muzaffar Nagar, 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 Ujjawal