Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 44117 of 2021 Applicant :- Rahees And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Shweta Pandey,Punita Pandey Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No.437 of 2021, under Section 3/5/8 of U.P. Cow Slaughter Prevention Act, P.S. Najibabad, District Bijnor.
Learned counsel for the applicants submits that as per FIR, on the information of informer that some persons are slaughtering cow in the sugarcane field police conducted raid and two persons namely; Shakeel s/o Yameen and Rahees Setthi s/o Zameer were arrested on the spot and applicants namely; Rahees and Waseem s/o Nafees fled away and from the possession of arrested persons 65 Kg.beef was recovered. Applicant no.1 was identified by the constable and name of applicant no.2 surfaced in the extra judicial confession of co- accused arrested on the spot. He further submits that applicants have been falsely implicated in this case. He also submits that there is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail and the applicants are languishing in jail since 24.08.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants but could not dispute the factual aspect.
Considering the facts and circumstances of the case, submissions advanced by learned counsel for the parties, nature and punishment provided for the offence, name of applicant surfacing in the statement of co-accused arrested on the spot and perusing the material on record, without expressing any opinion on merit of the case the applicants are entitled for bail, let the applicants Rahees & Waseem be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-
(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their 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 misuse the liberty of bail during trial 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 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground of cancellation of bail.
Order Date :- 25.10.2021 MAA/-
Digitally signed by ALI ZAMIN Date: 2021.10.26 17:34:06 IST Reason: Document Owner Location: High Court of Judicature at Allahabad