Heard learned counsel for the applicant as well as learned A.G.A. and perused the record.
Learned Counsel for the applicant has submitted that the applicant is innocent and he has been falsely implicated in this case. The applicant has not committed any offence as alleged in the FIR. No incriminating article has been recovered either from the possession of the applicant or on his pointing out. The name of the applicant came into light in confessional statement of co-accused Pappu. The applicant has a criminal history of one case having Case Crime No.0398 of 2016, under Section 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955 and Section 11 of the Prevention of Cruelty to Animals Act, 1960, Police Station Pasganva, District Lakhimpur Kheri in which the applicant has already been enlarged on bail. Learned Counsel has further submitted that on the basis of the aforesaid previous case and the present case, a proceedings of 2/3 of U.P. Gangsters Act has also been initiated in Case Crime No.53 of 2021. The investigation has already been completed and charge-sheet has been filed on 10.04.2021. The applicant is in jail since 20.07.2021. In case, the applicant is released on bail, he will appear before the trial court as and when requires and shall also abide by the conditions of bail imposed by this Court.
Learned Counsel for the applicant has further submitted that the applicant has been implicated in the present case only on the basis of the alleged planted recovery and statements of the police parties. The co-accused Pappu @ Khursid @ Abdul @ Nusaid from whom the recovery was made has already been enlarged on bail by the co-ordinate Bench of this Court vide order dated 14.05.2019 passed in Bail No.4144 of 2019. The other co-accused Navi Jaan and Atiq have also been enlarged on bail by the co-ordinate Benches of this Court vide orders dated 21.10.2020 and 05.05.2021 passed in Bail Nos.7769 of 2020 and 4375 of 2021. Therefore, the applicant is also entitled for bail.
Per contra, learned AGA has opposed the prayer for bail but could not dispute the aforesaid facts.
Without entering into the merits of the case and keeping in view the facts and circumstances of the case, arguments advanced by learned Counsel for the parties, the period of incarceration and also there is no reason of apprehension that he would not co-operate with the trial, his presence can not be ensured, he will not abscond, he will not tamper with the prosecution witnesses and the evidence in absence of any concrete material, and also the fact that the applicant has no previous criminal history, the investigation has already been completed and the charge-sheet has been filed, co-accused persons, namely, Pappu @ Khursid @ Abdul @ Nusaid, Navi Jaan and Atiq have already been enlarged on bail, I am inclined that it is a fit case for grant of bail to the applicant.
Accordingly, the bail application is allowed.
Let the applicant Saheem @ Kaliya @ Pitar be released on bail in Case Crime No.107 of 2019, under Section 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act, 1955, Police Station Pasganva, District Lakhimpur Kheri on his furnishing personal bonds and two reliable sureties each of the like amount to the satisfaction of the court concerned with the following conditions:
(1) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence, if 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;
(2) 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;
(3). In case, the applicant misuses the liberty of bail and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fail 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.
(4) 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 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 him in accordance with law.
Order Date :- 26.8.2021 akverma