Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 49392 of 2018 Applicant :- Gulfam And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Manoj Kumar Srivastava, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicants have been falsely implicated in the present case due to ulterior motive. It is further submitted that no incriminating article has been recovered from the possession or on the pointing out of the applicants as the same has been recovered from the possession of the co-accused parvez, the said fact has been mentioned in para 4 of the affidavit accompanying this bail application. Several other submissions in order to demonstrate the falsity of the allegations made against the applicants have also been placed forth before the Court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicants that they are ready to cooperate with the process of law and shall faithfully make themselves available before the court whenever required. It has also been submitted that the applicants are languishing in jail since 14.11.2018. It has been pointed out that the applicants have no criminal history.
Keeping in view the nature of submissions advanced, the applicants are entitled for bail.
Let, the applicants- Gulfam and Chhota Munna involved in Case Crime No.237 of 2018, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, Police Station-Bhot, District-Rampur be enlarged on bail on their executing a personal bond and furnishing two heavy sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants 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 applicants 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 applicants 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 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 are 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 them in accordance with law.
Order Date :- 21.12.2018 Dev/-