The case is called out.
Heard learned counsel for the applicant, Sri Kalika Prasad Pandey, Advocate learned A.G.A. for the State and perused the record.
The present bail application is moved on behalf of accused-applicant- Monu @ Sahid who is involved in Case Crime No.239 of 2019 under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, registered at Police Station - Maheshganj, District - Pratapgarh.
Learned A.G.A. to protest the bail plea on the basis of instructions and copy of case diary with him.
The occasion of present bail application has arisen on the rejection of bail plea of the accused-applicant by learned Special Judge SC/ST Act, Pratapgarh vide order dated 27.11.2020.
Learned counsel for the applicant while pressing the bail application submitted that the applicant has been falsely implicated in this case and he has neither been arrested from the spot nor any incriminating/prohibited flesh has been recovered either from his possession or on his pointing out.
Learned counsel for the applicant further submitted that the name of the applicant has been dragged in this case only on the basis of the confession made by co-accused Islam, which cannot be proved against the applicant and the main accused of the crime, namely, Islam and Zuber have already been released on bail by co-ordinate Benches of this Court vide orders dated 16.12.2019 and 3.2.2021 respectively.
Learned counsel for the applicant further submitted that the alleged offence is triable by the Magistrate and the applicant is in jail in this matter since 20.8.2020 and there is no apprehension that after being released on bail he will flee from the course of law or may otherwise misuse the liberty.
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-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Let applicant (Monu @ Sahid), involved in Case Crime No.239 of 2019 under Sections 3/5/8 Uttar Pradesh Prevention of Cow Slaughter Act, registered at Police Station - Maheshganj, District - Pratapgarh be released on bail on his furnishing personal bond of Rs.1,00,000/- 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 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 misuse 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) 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 him in accordance with law.
Order Date :- 11.2.2021 Gaurav/-