Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37256 of 2019 Applicant :- Mohd. Zaish Opposite Party :- State Of U.P.
Counsel for Applicant :- Rajesh Maurya Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
Learned counsel for the applicant has filed a photocopy of order dated 11.9.2019 passed in Criminal Misc. Bail Application No. 33189 of 2019 (Munnu @ Anwar vs. State of U.P.); order dated 16.9.2019 passed in Criminal Misc. Bail Application No. 34153 of 2019 (Ruksana Bano vs. State of U.P.) and order dated 19.9.2019 passed in Criminal Misc. Bail Application No. 37270 of 2019 (Tipu Sultan vs. State of U.P.) are taken on record.
The instant bail application has been filed for bail of applicant- Mohd. Zaish involved in Case Crime No. 243 of 2019, U/s 3/5- A/8 Prevention of Cow Slaughter Act, P.S. Kotwali, District Azamgarh.
Heard learned counsel for the applicant, learned A.G.A. appearing for the State and peruse the record.
Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. He is a poor farmer aged about 66 years old and patient of ulcer. Learned counsel has further submitted that in the instant case, 16 persons have been falsely implicated. It has further been submitted that three co-accused persons have already been enlarged on bail by the co-ordinate Benches of this Court. Applicant has no criminal antecedents. Applicant is law abiding person and languishing in jail since 11.7.2019. If he is released on bail, he will never misuse his liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Mohd. Zaish involved in aforesaid case be released on bail on his furnishing a personal bond with two sureties (one should be of his family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicant shall not tamper with the prosecution evidence.
(ii) The applicant shall not threaten or harass the prosecution witnesses.
(iii) 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.
(iv) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
(v) 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. and (iv) argument/judgement.
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 :- 25.9.2019 Saurabh