Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1056 of 2021 Applicant :- Sharif And 2 Others Opposite Party :- State of U.P.
Counsel for Applicant :- Vinod Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicants, learned Additional Government Advocate representing the State and perused the record of the case.
By means of this application, the applicants, Sharif, Nahim and Saeem, who are involved in Case Crime No. 0682 of 2020, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, police station Chhibramau, district Kannauj, are seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicants that on 4.10.2020 police has lodged the first information report against the applicants and four other co-accused persons by showing a fake and fabricated recovery of 50 Kgs. of beef from the possession of the applicants. It is further submitted by leaned counsel for the applicants that the applicants are the real brothers and have been falsely implicated in the present case with some ulterior motive. There is no independent public witness of the aforesaid recovery, therefore false implication of the applicants in a crime cannot be ruled out. It is further pointed out that the other co-accused persons, regarding which, it is the case of the prosecution that they succeeded in fleeing away from the place of occurrence, have already been granted anticipatory bail by the Co- ordinate Bench of this Court vide orders dated 5.11.2020, 18.1.2021 and 1.2.2021 passed in Criminal Misc. Anticipatory Bail Application Under Section 438 Cr.P.C. Nos. 7644 of 2020, 703 of 2021 and 1923 of 2021 respectively. It is also submitted that the Investigating Officer of this case has submitted charge sheet in this case. The applicants are languishing in jail since 5.10.2020.
The applicants have no criminal history to their credit. In case the applicants are released on bail they will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence. In case the applicants are released on bail they will misuse the liberty of bail.
Having considered the submissions of the parties, without expressing any opinion on the merits, let the applicants Sharif, Nahim and Saeem involved in the aforesaid case, be released on bail on their furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions that :-
(i) 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.
(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 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.
(v) The applicants shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 5.4.2021 Sumaira