The case is called out.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicants in Case Crime No.242 of 2019, under Sections 307, 419, 420, 467, 468, 427, 332 I.P.C. and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955. Police Station - Mohanlalganj, District Lucknow.
The occasion of present bail application arisen on rejection of bail plea of applicants by VIIth Additional District and Sessions Judge, Lucknow vide order dated 9.7.2019.
Learned counsel for the applicants submits that the bail applicants are falsely been implicated in this case. Nothing as claimed by the prosecution has been committed by the applicant. They have no concern with the alleged recovered cow progeny and vehicle. There is no independent witnesses of the alleged recovery memo.
Learned counsel for the bail applicant further submits that the applicant is languishing in jail since 17.5.2019. There is no previous criminal history of the accused applicants and there is no likelihood that the accused applicants after release on bail may flee from the process of law or will misuse the liberty of bail.
Learned counsel for the bail applicant further submits that the co-accused Mohd. Zunaid involved in commission of offence under same case crime number who has similar role have already been granted bail by co-ordinate Bench of this Court vide orders dated 25.6.2019, therefore, on the ground of parity, the present bail applicants have also been entitled for bail.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by learned counsel for the accused-applicants.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Jana Alam & Nawab) be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional 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 their counsel. In case of their 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 misuses the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants failed 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 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.
Order Date :- 29.8.2019 Gaurav/-