Court No. - 66
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 28988 of 2021 Applicant :- Zeeshan And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Tanisha Jahangir Monir Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Supplementary affidavit filed on behalf of the applicant, which is taken on record.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicants with a prayer to enlarge them on bail in Case Crime No. 258 of 2021, under Sections 3, 5 and 8 U.P. Prevention of Cow Slaughter Act, 1955, Police Station Dhampur, District Bijnor.
Learned counsel for the applicants submits that according to the FIR version on 20th June, 2021 an information was received by the police that Sufiyan and some other persons are slaughtering cow in the house of Sufiyan when police reached there and tried to apprehend them, four persons fled away and applicants namely Zeeshan and Mohd. Zaid were arrested 60 kg. beef, knife, chopper etc. in small plastic bags kept in room were recovered. It is further alleged that on their joint pointing out 50 kg. beef in a plastic sack was also recovered from the tractor parked near the house. He submits that main accused Sufiyan and Yaqoob have been granted bail by court below vide order dated 05.08.2021, therefore, the applicants are entitled for bail on the ground of parity. He further submits that offence is triable by the magistrate and there is no independent witness of the alleged recovery. There is no possibility of the applicants of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicants are enlarged on bail, the applicants shall not misuse the liberty of bail. It is next contended that there is no criminal history of the applicants and they are languishing in jail since 21.06.2021.
Per contra, learned A.G.A. has opposed the bail prayer of the applicants by submitting that applicants were arrested on the spot along with beef and cutting articles but could not dispute the aforesaid fact that co-accused have already been released on bail.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties and also perusing the material on record, no independent witness of the recovery and offence is triable by the magistrate as well as enlargement of co-accused on bail by the court below, without expressing any opinion on merit of the case, the applicants are entitled for bail, let the applicants- Zeeshan and Mohd. Zaid involved in aforesaid case crime be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicants shall file an undertaking to the effect that they will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicants 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 applicants 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.
(iii) In case, the applicants misuse the liberty of bail during trial 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.
(iv) 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 absence of the applicants are 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 them in accordance with law.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
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. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Order Date :- 19.8.2021 Israr