Heard learned counsel for the applicant, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicant Noor Mohd. @ Bhoora, who is involved in Case Crime No. 215 of 2019, under Sections 3/8 of Prevention of Cow Slaughter Act and Section 3/11 of Prevention of Cruelty to Animals Act, police station Swar, district Rampur, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that on 14.3.2019 police lodged the first information report against unknown persons. Thereafter during investigation complicity of five persons namely, Mustafa, Intezar, Mursaleen, Moazzam and Noor Mohd. @ Bhoora (present applicant) came into light. The main substratum of argument of learned counsel for the applicant is that the applicant is absolutely innocent has falsely been implicated in the present case with some ulterior motive. Neither the applicant is named in the first information report nor arrested at the spot. It is further submitted by learned counsel for the applicant that similarly placed co-accused persons, Mustafa, Intezar, Mursaleen, Moazzam, whose complicity was also came into light during the investigation, have already been enlarged on bail by this Court vide orders dated 15.12.2020, 8.1.2021, 27.1.2021 and 10.2.2021 passed in Criminal Misc. Bail Application Nos. 42235 of 2020, 42274 of 2020, 629 of 2021 and 47900 of 2020 respectively, therefore, on the ground of parity, the applicant is also entitled to be released on bail. It is next contended that there is no chance of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is also submitted that the applicant is facing detention since 17.8.2020. It is again submitted that apart from the present case, the applicant has a criminal antecedent of six cases to his credit and the same has very well explained in paragraph No. 3 of the supplementary affidavit filed in support of the application. Learned counsel for the applicant lastly submitted that if the applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant does not deserve any indulgence. In case the applicant is released on bail he will misuse the liberty of bail.
Having considered the submissions of the parties, without expressing any opinion on the merits, let the applicant Noor Mohd. @ Bhoora involved in the aforesaid case, be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 19.2.2021 Sumaira