Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46749 of 2020 Applicant :- Hazi Akeel And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Saurabh Tripathi,Shantanu Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned AGA and perused the record.
By means of this application, the applicants, who are involved in case crime no.152 of 2020, under Sections 188, 268, 269, 270, 271, 429 IPC, Section 3/5A/8 Cow Slaughter (Prevention) Act, under Section 11 Animal Cruelty (Prevention) Act, 1960 and under Sectin 51-B Apda Adhiniyam 1897, P.S. Nahtaur, District- Bijnor, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that FIR has been lodged against 10 persons including the applicants. As per prosecution case two persons, namely Mahmood Ansari and Wasm @ Lallu were apprehended by the police at the spot, whereas other accused persons succeeded in fleeing away from the place of occurrence. It is next submitted that name of the applicants came into light in the confessional statement of co- accused Mahmood Ansari. There is no recovery from the possession of applicants. In paragraph no. 9 it is mentioned that applicants have no criminal history. Co-accused Wasim @ Lallu and Mahmood Ansari, who were apprehended at the spot, have been granted bail by the co-ordinate Bench of this Court vide order dated 06.08.2020 in Criminal Misc. Bail Application No. 19643 of 2020. The case of the present applicants stands on better footing to the case of co-accused, who have been granted bail. The applicants are languishing in jail since 04.11.2020 and the applicants undertake that in case they are released on bail, they will not misuse the liberty of bail and cooperate in trial.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, 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 applicants have made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicants Hazi Akeel and Aadil, 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 applicants shall file an undertaking to the effect that they 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 them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse 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 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 them in accordance with law.
(v) The applicants 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. It is further clarified that 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 :- 5.1.2021 AK Pandey