Criminal Misc. Bail Application allowed. The court granted bail to the applicant Ibrahim in a cow slaughter case, finding him entitled based on allegations of false implication, lack of antecedents, and no recovery made.
Enlarged on bail by executing a personal bond with two sureties of Rs. 1 Lakh each subject to prescribed conditions.
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Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 35517 of 2018
Applicant :- Ibrahim Opposite Party :- State Of U.P. Counsel for Applicant :- Mohammad Zakir Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mohammad Zakir, learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on account of ulterior motive. Learned counsel for the applicant further submits that the applicant is not named in the FIR but his name has been surfaced subsequently on the basis of confessional statement of co-accused Munnan @ Nawab and neither the applicant has been arrested from the place of occurrence nor any recovery whatsoever has been made from his possession. There are no reported criminal antecedents against the applicant. The applicant is in jail since 01.08.2018.
Keeping in view the nature of submissions advanced, the applicant is entitled for bail.
Let, the applicant-Ibrahim involved in Case Crime No.366 of 2018, under Section 3/5/8 Cow Slaughter Act, Police Station Gulavathi, District Bulandshahr be enlarged on bail on his executing a personal bond and furnishing two sureties (Rs. One Lac each) (One should be of a family member), with the following conditions:-
(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 court below shall be at liberty to cancel the bail. Order Date :- 26.11.2018 Shahroz
1 issue framed by the court
Whether the applicant is entitled to bail given claims of false implication and lack of arrest at scene.
Ibrahim
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
