Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23487 of 2021 Applicant :- Mohd. Nabi And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Pawan Kumar Shukla Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.135 of 2021, under Section 3/5/8 Prevention of Cow Slaughter Act, P.S. Pakwada, District Moradabad.
Learned counsel for the applicants submits that according to FIR version, 220 Kg. beef was recovered from the possession of applicants. He further submits that there is no independent witness of recovery. He also submits that applicant no.1 has criminal history of 03 cases,which have been explained in para 05 of supplementary affidavit. Applicant no.2 has criminal history of 05 cases, which have been explained in para 06 of the supplementary affidavit. He next submits that the offence is triable by magistrate. He further submits that there is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail and the applicant is languishing in jail since 23.04.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant and submits that from the possession of applicants 220 Kg. beef has been recovered and there are criminal history of the applicants, therefore, they are not entitled for bail.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature of offence and punishment provided for the offence, without expressing any opinion on merit of the case the applicant is entitled for bail, let the applicants Mohd.Nabi & Akil involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 misuse 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 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 applicantd 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 29.7.2021 MAA/-
Digitally signed by Justice Ali Zamin Date: 2021.07.29 18:33:00 IST Reason: Document Owner Location: High Court of Judicature at Allahabad