Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6988 of 2018 Applicant :- Noor Hasan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Amit Singh Chauhan,Amit Singh Chauhan Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicants, Noor Hasan and Kamal Hasan, who are involved in Case Crime No. 203 of 2017, under Section 3/5/8 Cow Slaughter Act and 11 Animal Cruelty Act, P.S.- Dilari, District- Moradabad.
Learned counsel for the applicants has submitted that the applicants have been falsely implicated in the case due to ulterior motive on the basis of alleged recovery of 1.5 quintal beef and some slaughtering instruments of which there is no public witness. It is further submitted that co-accused Ali Hasan has been granted bail by another Bench of this Court in Criminal Misc. Bail Application No. 2662 of 2018 vide order dated 25.01.2018, thus, applicants are also entitled for bail. It is also submitted that the applicants are in jail since 29.06.2017, and they undertake that they will not misuse the liberty of bail, if granted.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts of the case and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused- applicant, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicants, Noor Hasan and Kamal Hasan, be released on bail in Case Crime No. 203 of 2017, under Section 3/5/8 Cow Slaughter Act and 11 Animal Cruelty Act, P.S.- Dilari, District- Moradabad, on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions.
(i). The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and 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 his 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 misuses the liberty of bail 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law.
Order Date :- 23.2.2018 Ujjawal