Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 7770 of 2018 Applicant :- Laeek Opposite Party :- State Of U.P.
Counsel for Applicant :- Shikha Singh,Naseem Rufi Q Alrafio B.M. Mugaanii Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Learned counsel for the applicant has filed supplementary affidavit today, which is taken on record.
Heard learned counsel for applicant, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicant, Laeek, who is involved in Case Crime No. 859 of 2017, under Section 3/5/8 Uttar Pradesh Govadh Adhiniyam Evam Section 3/11 Pashu Kroorta Adhiniyam, P.S.- Bilaspur, District- Rampur.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the case due to ulterior motive on the basis of alleged recovery of 35 kg beef and two skins of cattle of which there is no public witness and there is no evidence to connect the applicant in the present case and applicant is shown to have fled away. It is next contended that co- accused Nadeem has been granted bail by this Court vide order dated 01.02.2018 in Criminal Misc. Bail Application No. 3760 of 2018, thus applicant is also entitle for bail. It is next submitted that the applicant has no criminal history. It is also submitted that the applicant is in jail since 05.01.2018, and he undertakes that he will not misuse the liberty, 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, Laeek, be released on bail in Case Crime No. 859 of 2017, under Section 3/5/8 Uttar Pradesh Govadh Adhiniyam Evam Section 3/11 Pashu Kroorta Adhiniyam, P.S.- Bilaspur, District- Rampur, 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