Court No. - 85
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52451 of 2021 Applicant :- Israr Opposite Party :- State of U.P.
Counsel for Applicant :- Laxmi Kant Bhatt Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.103 of 2021, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, Police Station- Jani, District- Meerut.
Learned counsel for the applicant contended that accused- applicant is innocent and has been falsely implicated. Accused- applicant has not been arrested on the spot. He has been shown to fled away from the spot. Nothing has been recovered from the possession of the accused-applicant. Learned counsel further contended that co-accused Bhoori who has been arrested on the spot has been enlarged on bail by the Co-ordinate Bench of this Court vide order dated 13.07.2021 in Criminal Misc. Bail Application No.23007 of 2021. Learned counsel further contended that there is no other criminal history of the accused/applicant. The applicant who is in jail since 03.11.2021 undertakes that he will not misuse the liberty of bail. It is further submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses.
Learned A.G.A. opposed the bail application but not disputed the fact that co-accused Bhoori has been enlarged on bail.
Considering the rival submissions of the parties, the allegations made in the F.I.R. against the accused-applicant, the material on record, nature and gravity of offence and all other attending circumstances, in the opinion of the Court, a case for bail is made out.
Accordingly, the bail application is allowed.
Let the applicant- Israr involved in the aforesaid case, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 :- 22.12.2021 Krishna*