Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 25790 of 2021 Applicant :- Tasabbar Opposite Party :- State of U.P.
Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.211 of 2021, under Section 3/5A/8 Cow Slaughter Act, Police Station- Bitharichainpur, District- Bareilly.
Learned counsel for the applicant submits that the false recovery of 15 k.g. beef an other article has been shown from the join possession of two accused persons while one knife is alleged to have been recovered from the personal search of the applicant. He further submitted that applicant is innocent and has been falsely implicated in the present case. There is no previous criminal history of the accused/applicant and he is in jail since 29.05.2021.
Learned A.G.A. opposes the bail application.
Considering the rival contentions of the parties, the material on record, nature of offence, evidence, complicity of accused, severity of punishment as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. & another, reported in (2018) 3 SCC 22, without expressing any opinion on the merit of the case, let the applicant - Tasabbar involved in Case Crime No.211 of 2021, under Section 3/5A/8 Cow Slaughter Act, Police Station- Bitharichainpur, District- Bareilly, be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.
The party shall file computer generated copy of such order downloaded from the official website of High Court, Allahabad.
The concerned Court/Authority/Jail 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.
This bail order would be subject to the fulfillment of following conditions:-
1. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
2. The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel.
3. 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 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 his bail and proceed against him in accordance with law.
4. In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 30.7.2021 Krishna*