Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42091 of 2018 Applicant :- Zakir Opposite Party :- State Of U.P.
Counsel for Applicant :- Saba Khan,Manish Joshi,Syed Riyaz Askari Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned AGA for the State and perused the record.
It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and he has committed no offence. False recovery of 80 kgs. beef of prohibited animal was shown by the police. Nothing has been recovered from his possession. There was no independent witness. The applicant is languishing in jail since 5.8.2018. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial. The applicant has no other reported criminal antecedent.
Learned A.G.A. opposed the prayer for bail.
Without expressing any opinion on the merits of the case and keeping in view the nature of submissions advanced, let the applicant- Zakir involved inf Case Crime No. 200 of 2018 under Sections 3/5/8 Cow Slaughter Act, Police Station- Dilari, District Moradabad be enlarged on bail on his executing a personal bond and furnishing two sureties subject to the following condition:-
(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.
In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail Order Date :- 29.11.2018 IA