Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37791 of 2018 Applicant :- Nihal Ahmad Alias Soodi Opposite Party :- State Of U.P.
Counsel for Applicant :- Mohd. Abrar Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Counter affidavit field on behalf of the State is taken on record.
Heard Sri M.A.Khan, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State and perused the record..
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to village rivalry by the police in order to show their good work and he has committed no offence. False recovery of 30 kg. beef was shown by the police. Nothing has been recovered from his possession. There was no independent witness. The applicant has criminals history of seven cases which has been mentioned in paragraph 8 of the counter affidavit annexed as Annexure-CA-! and he is languishing in jail since 21.7.2018. Other co-accused namely Abdul Halim and Irfan have already been released on bail by Coordinate Benches of this Court on 22.10.2018 and 29.10.2018 respectively, copies of bail orders have been produced which are taken on record. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and keeping in view the nature of submissions advanced, let the applicant- Nihal Ahmad Alias Soodi involved inf Case Crime No. 186 of 2018 under Sections 3/5/8 Cow Slaughter Act, Police Station- Khaga, District Fateshpur be enlarged on bail on his executing a personal bond and furnishing two sureties subject to the following condition:-
(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) 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 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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.
Order Date :- 28.11.2018 IA