Court No. - 5
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 11656 of 2021 Applicant :- Usman Opposite Party :- State of U.P.
Counsel for Applicant :- Saiyad Iqbal Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Saral Srivastava,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.25 of 2021, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Mainather, District Moradabad.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the instant case. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is further submitted that the applicant has no criminal history and is languishing in jail since 24.01.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.
Let applicant- Usman be released on bail in Case Crime No.25 of 2021, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station- Mainather, District Moradabad on his furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicant shall not tamper with the evidence or threaten the witnesses.
(ii) 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.
(iii) 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.
(iv) 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.
(v) 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.
In view of the fact that due to the pandemic of COVID-19, the certified copy is not being issued by the High Court, therefore, the order downloaded from the website duly certified by learned counsel for the applicant may be treated as true copy of the order and the Authority may not refuse to comply the order on the ground of non filing of certified copy of the order.
Order Date :- 8.4.2021 Sattyarth