Court No. - 64
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43354 of 2021 Applicant :- Udho Bind Opposite Party :- State of U.P.
Counsel for Applicant :- Mithilesh Kumar Gupta Counsel for Opposite Party :- G.A.
Hon'ble Ajit Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the entire record.
The present bail application has been filed by the applicant in Case Crime No. 218 of 2021 under Sections 3/5A/5B/8 of the U.P. Prevention of Cow Slaughter Act, 1960, Police Station - Nandganj, District - Ghazipur with the prayer to enlarge the applicant on bail.
The report of this incident was lodged on 20.08.2021 against Lakshman Bind, Dhananjay Bind and present applicant Udho Bind. The said FIR was lodged on the complaint of Sub Inspector Shiv Poojan Bind and in the report it was alleged by him that the accused persons were arrested on the information given by the informer that some animal traffickers were about to come with animals from the side of village Dihiya to go towards Bihar. On the said information, the police party became active and proceeded towards the place as suggested by the informer and the accused persons were arrested with the animals.
The contention as raised at the Bar by learned counsel for the applicant is that applicant-accused is quite innocent and has been falsely implicated in the present case. It is submitted by the learned counsel for the applicant that all the three accused persons were carrying four cows with them and the alleged recovered cattle were of the accused persons and they were carrying them for grazing. The learned counsel for the applicant submits that the present applicant is a poor person and after his imprisonment, his family has gone to the verge of starvation. It is also argued that there is no public witness to the alleged recovery. It is also argued that the offence is triable by the court of magistrate. Lastly, it is argued that the applicant is in jail since 20.08.2021 and that in case applicant is enlarged on bail, he will not misuse the liberty of bail.
Learned A.G.A. has opposed the prayer for bail.
Keeping in view the submission of learned counsel for the parties, period of detention of the applicant, considering that the offence is triable by the court of magistrate, considering that the applicant's family would have certainly gone to the verge of starvation and considering all other attending facts and circumstances of the case, without expressing any opinion on the merits of the case, at this stage, prima facie, a case for bail has been made out.
The prayer for bail is granted. The application is allowed.
Let applicant Udho Bind involved in the aforesaid crime be released on bail on furnishing a personal bond and two local sureties to the satisfaction of court concerned subject to the following conditions:-
(1). The applicant 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;
(2). 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;
(3). In case, the applicant misuses the liberty of bail 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 may initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(4). 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.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the learned counsel for the applicant alongwith a self attested identity proof of the said persons (preferably Aadhar Card) mentioning the mobile number (s) to which the said Aadhar Card is linked before the concerned Court/Authority/Official.
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 :- 28.10.2021 LBY