Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 39746 of 2019 Applicant :- Rizwan And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicants- Rizwan and Salman, involved in Case Crime No. 278 of 2019, Under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act, P.S. Chilkana, District Saharanpur.
Heard learned counsel for the applicants, learned A.G.A. appearing for the State and peruse the record.
Learned counsel for the applicants has submitted that the applicants are innocent and have been falsely implicated in this case by the police. A false recovery of 50 k.g. of cow beef has been shown from the possession of the applicants, but the applicants have not been arrested from the place of occurrence. Learned counsel for the applicants further submits that no independent or public witness has been made to the alleged recovery. Applicants are law abiding person having no criminal antecedents. Applicants are languishing in jail since 19.7.2019. If they are released on bail, they will never misuse their liberty and will co-operate in the trial.
Learned A.G.A. has opposed the prayer for bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicants.
Looking into the facts and circumstances of the case as well as nature and gravity of the offence, material available on record regarding the role of accused and without expressing any opinion on the merits of the case, I am of the view that the bail application is liable to be allowed. Hence, this bail application is allowed.
Let the applicant-Rizwan and Salman involved in the aforesaid case be released on bail on their furnishing a personal bond with two sureties (one should be of their family members/nearest relatives) each in the like amount to the satisfaction of the court concerned with the following conditions:-
(i) The applicants shall not tamper with the prosecution evidence.
(ii) The applicants shall not threaten or harass the prosecution witnesses.
(iii) The applicants shall file an undertaking to the effect that they 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.
(iv) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel.
(v) 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. and (iv) argument/judgement.
If in the opinion of the trial court absence of the applicants are 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 them in accordance with law.
Order Date :- 26.9.2019 Saurabh