Single Judge Court allowed bail to Foolhasan in a case under U.P. Prevention of Cow Slaughter Act. The court imposed standard bail conditions including personal attendance and prohibitions on seeking adjournments.
Release on bail by furnishing personal bond and two sureties in the like amount.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 72
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 6787 of 2021
Applicant :- Foolhasan Opposite Party :- State of U.P. Counsel for Applicant :- Narendra Singh,Meena Mishra Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State and perused the material placed on record.
The instant bail application has been filed on behalf of the applicant with a prayer to release him on bail in Case Crime No. 285 of 2020, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, police station Bakewar, District Fatehpur during the pendency of trial.
It is submitted by learned counsel for the applicant that as per the prosecution case, 30 Kg beef has been recovered from the agricultural field of Basruddin. Further prosecution case is that applicant was apprehended on the spot and two persons succeeded in fleeing away from the place of spot taking the benefit of darkness. It is argued by the learned counsel for the applicant that the applicant is absolutely innocent and has been falsely implicated in the present case with some ulterior motive. It is further submitted by the learned counsel for the applicant that occurrence is alleged to have been taken place at 5:30 AM, applicant had gone for morning walk but he was apprehended by the police under suspicion and has been implicated in the present case. Thereafter, applicant has also been implicated in Case Crime No.286 of 2020, under Section 4/25 Arms Act in which he has been granted bail by the court concerned.
It is further submitted that prior to registration of FIR dated 14.12.2020, applicant has no criminal history. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. The applicant is languishing in jail since 14.12.2020. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage therefore, the applicant
does not deserve any indulgence. In case, the applicant is released on bail, he will misuse the liberty of bail.
Keeping in view the nature of the offence, evidence, complicity of the accused, submissions of the learned counsel for the parties, I am of the view that the applicant has made out a fit case for bail. Hence, the bail application is hereby allowed.
Let the applicant Foolhasan be released on bail in the aforesaid case crime number on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions which are being imposed in the interest of justice:-
(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.
(v) The applicant shall file computer generated copy of this order downloaded from the official website of High Court Allahabad.
(vi) The computer generated copy of this order shall be self attested by the counsel of the party concerned.
(vii) 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.
It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order.
Order Date :- 1.2.2021 P.S.Parihar
3 issues framed by the court
Whether the applicant has made out a fit case for bail pending trial.
Whether conditions should be imposed to prevent abuse of liberty of bail.
Whether the applicant can be released on personal bond and sureties.
5 provisions across 3 enactments
Foolhasan
Sanjay Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Sanjay Kumar Singh
Parties & counsel
