Court No. - 58
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 32679 of 2019 Applicant :- Shahzad And 2 Others Opposite Party :- State Of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Virendra Kumar Srivastava,J.
The instant bail application has been filed for bail of applicants, namely, Shahzad, Mahboob and Talib, involved in Case Crime No. 112 of 2019, under Sections 3/5/8 of Cow Slaughter Act, and 11 of Animal Cruelty Act, Police Station Nagal, District Saharanpur.
Heard learned counsel for the applicants; learned AGA for the State and peruse the record.
Learned counsel for the applicants has submitted that applicants are innocent and have been falsely implicated in this case. No incriminating article has been recovered from their possession. There is no independent witness in the alleged recovery. Offence is triable by the Magistrate. They are law abiding person having no criminal antecedents. Applicants are languishing in jail since 27.7.2019. If they are released on bail, they will never misuse their liberty, terms and conditions of bail and will co-operate in the trial.
Learned A.G.A. has vehemently opposed the prayer for bail but could not disputed the aforesaid facts as argued by the learned counsel for the applicants.
Looking into the facts and circumstances of the case, nature and gravity of the offence, material available on record regarding 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.
Let the applicants-Shahzad, Mahboob and Talib involved in the aforesaid case crime 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 witness.
(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 (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 :- 22.8.2019 Saurabh