Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 151 of 2021 Applicant :- Shoeb Opposite Party :- State of U.P.
Counsel for Applicant :- Mohd. Akbar Shah Alam Khan Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
By means of this application, the applicant, who is involved in case crime no. 252 of 2020, under Sections 5A/8 Cow Slaughter Act and 11D Prevention of Animal Cruelty Act, P.S. Thana Bhawan, District-Shamli, is seeking enlargement on bail during the trial.
It is submitted by learned counsel for the applicant that as per prosecution case on 29.08.2020 police personnel have apprehended two persons, namely Saleem Quraishi and Shaukin and from their possession one Cow, one axe, three knife and country made pistol and cartridges etc. have been recovered and recovered cow was brought by the accused persons for the purpose of slaughtering. So far as the present applicant is concerned, it is stated that he succeeded in fleeing away from the place of occurrence. Main substratum of argument of the learned counsel for the applicant is that there is no recovery from the possession of applicant and he has been falsely implicated in this case. The case of present applicant is distinguishable from the case of co-accused Saleem Quraishi and Shaukin. The applicant has no criminal history. The applicant is languishing in jail since 09.11.2020 and in case he is enlarged on bail he will not misuse the liberty of bail.
Learned AGA has opposed the prayer of bail.
Considering the facts and circumstances of the case, keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Shoeb, be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(i) The applicant shall file an undertaking to the effect that he 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 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.
(iii) In case, the applicant misuses the liberty of bail during trial and in order to secure his presence proclamation under Section 82 Cr.P.C. is issued and the applicant fails 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.
(iv) 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 absence of the applicant is 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 him in accordance with law.
(v) The applicant 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. It is further clarified that 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 :- 6.1.2021/AK Pandey