Heard learned counsel for the applicants, learned Additional Government Advocate and perused the record.
The accused-applicants are involved in F.I.R. No.209 of 2021, under Sections 3/5/8 of Prevention of Cow Slaughter Act, P.S. Mohanganj, District Amethi.
Learned counsel for the applicants has submitted that the applicants are innocent and have not committed any offence as alleged in the FIR. They have been falsely implicated due to political rivalry. It is further submitted that allegedly 60 Kg of meat has been recovered from joint possession of all the accused persons but there is no independent witness of the same. It is also submitted that recovered meat/article was disposed of at the time and place of the incident itself.
Learned counsel has submitted that the applicants are innocent. They do not have any previous criminal history. Investigation has been completed and charge sheet has been filed on 19.07.2021. The applicants are languishing in jail since 19.06.2021. It is submitted that there is no apprehension of the applicants influencing the witness, tampering the evidence or fleeing from judicial process. In case they are released on bail, they undertake to abide by all the conditions and not to misuse the liberty of bail.
Learned Additional Government Advocate has opposed the prayer for bail but has not contradicted the aforesaid facts as stated by learned counsel for the applicant.
Taking into consideration the fact that the applicants have no criminal history, after investigation charge sheet has been filed and that no apprehension of applicants influencing the witness, tampering the evidence or fleeing from judicial process has been shown by learned Additional Government Advocate during the course of argument, however, without expressing any opinion on merits, this Court finds it a fit case for grant of bail. Thus, the instant bail application is allowed.
Let the applicants Sreemati Kitabul Nisha, Shahid Ali Urf Azaad and Mohammad Azad be released on bail in aforesaid first information report number on their furnishing a personal bond each and two reliable sureties each required by the Court below concerned with the following conditions:
1. The applicants shall file an undertaking to the effect that they 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.
2. The applicant 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.
3. In case, the applicants misuse the liberty of bail 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.
4. 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.
5. The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
6. The computer generated copy of such order shall be self attested by the counsel or the party concerned.
7. 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.
Order Date :- 13.8.2021 nishant/-