Court No. - 25
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13043 of 2018 Applicant :- Mahtab Ali Opposite Party :- State Of U.P.
Counsel for Applicant :- Shyam Shanker Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for applicant, the learned AGA for the State and perused the record.
Applicant- Mahtab Ali seeks bail in Case Crime No. 1497 of 2017, under Sections 3/5/8 Cow Slaughter Act, P.S.Khatuali, District- Muzaffar Nagar.
Learned counsel for the applicant has submitted that the applicant has been falsely implicated in the present case. He has further submitted that co-accused Shabaz has already been granted bail by this Court in Criminal Misc. Bail application No 17126 of 2018, vide order dated 08.05.2018. Other co-accused Azim has also been granted bail by this Court in Criminal Misc. Bail Application No. 13815 of 2018. He further submitted that the role of the applicant is not distinguishable with the role of co-accused persons, as such the applicant may also be granted bail.
Learned AGA has stated that apart from the aforesaid case the present applicant was also implicated in another case registered as case crime No. 1496 of 2017 Under Section 147, 148, 149, 307, 353, 506, IPC and 7 Crl. Law Amendment Act after his arrest.
Learned counsel for the applicant has further submitted that the applicant is languishing in jail since 29.12.2017. There is no chance of applicant fleeing from the judicial process or tampering the evidence.
Considering the submissions of the learned counsel for the parties, the fact that the identically placed co-accused has already been released on bail by this Court, without expressing any opinion on the merits of the case, the Court is of the view that it is a fit case for bail. The bail application is allowed.
Let applicant- Mahtab Ali be released on bail in the aforesaid case crime number on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to 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 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 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 during trial 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) and cooperate by all means in the process of trial (ii) 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 him in accordance with law.
Order Date :- 26.7.2018 A. GANGWAR