Court No. - 24
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5350 of 2018 Applicant :- Shamim And Another Opposite Party :- State Of U.P.
Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A.
Hon'ble Mahboob Ali,J.
Supplementary affidavit has been filed by the learned counsel for the applicant, which is taken on record.
Heard learned counsel for applicants, learned A.G.A. and perused the record.
This bail application has been preferred by the accused-applicants, who are involved in Case Crime No. 442 of 2017, under Sections 3/5/8 Cow Slaughter Act, Police Station Dilari, District Moradabad.
Learned counsel for the applicants has submitted that applicants have been falsely implicated in the present case due to ulterior motive. It is next contended that applicants were not apprehended on the spot, nor anything has been recovered from the possession of applicants and there is no public witness of the alleged recovery. It is further submitted that applicants have no criminal history, except one case being Case Crime No. 347 of 2017 and one case being Case Crime No. 327 of 2012 against applicant no.2 only, which have been explained in para 3 and 4 of the supplementary affidavit and in all these cases, applicants are on bail, copy of which bail order dated 02.03.2015 has been annexed as Annexure-SA-1 of the supplementary affidavit. Lastly, it is submitted that the accused-applicants are in jail since 05.01.2018 and they undertake not to misuse the liberty of bail, if granted.
Learned A.G.A. has opposed the prayer for bail.
Considering the facts of the case and keeping in mind the nature of accusations, the nature of evidence in support thereof, the severity of punishment which conviction will entail, the character of the accused-applicants, circumstances which are peculiar to the accused, reasonable possibility of securing the presence of the accused at the trial, reasonable apprehension of the witnesses being tampered with, the larger interest of the public/ State and other circumstances, but without expressing any opinion on the merits, I am of the view that it is a fit case for grant of bail.
Let applicants, Shamim and Jafar, be released on bail in Case Crime No. 442 of 2017, under Sections 3/5/8 Cow Slaughter Act, Police Station Dilari, District Moradabad on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned with the following conditions.
(i). The applicants shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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 his 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 misuses the liberty of bail and in order to secure his 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 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 their bail and proceed against them in accordance with law.
Order Date :- 23.3.2018 T.S.