High Court allowed bail for the applicant accused under the U.P. Prevention of Cow Slaughter Act and IPC, citing Article 21 and a prior Supreme Court precedent, despite opposition based on criminal history.
Applicant released on bail on personal bond and two sureties subject to strict conditions for presence and non-misuse of liberty.
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Court No. - 16
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1587 of 2022
Applicant :- Moharram Ali Opposite Party :- State Of U.P.Thru.Prin. Secy.Home Lko. Counsel for Applicant :- Anil Kumar Yadav,Durgesh Kumar Singh
Counsel for Opposite Party :- G.A.
Hon'ble Krishan Pahal,J.
Heard Sri Anil Kumar Yadav, learned counsel for the applicant, Sri Ajay Kumar Srivastava, learned A.G.A. for the State and perused the material placed on record.
Applicant seeks bail in Case Crime No. 0153 of 2019l, U/S 3/5/8 of U.P. Prevention of Cow Slaughter Act and 420, 467, 468, 471 IPC, Police Station Lonikatra, District Barabanki, during the pendency of trial.
As per prosecution story, the applicant alongwith four other coaccused persons, is said to have been arrested on 1.5.2019, and about two quintals of beef is said to have been recovered alongwith implements of slaughtering.
Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 1.5.2019. In case, the applicant is released on bail, he will not misuse the liberty of bail.
Learned A.G.A. has vehemently opposed the bail application on the ground of criminal history of two cases including the present one.
Learned counsel for the applicant has stated that the said criminal history has been explained in the supplementary affidavit.
Keeping in view the nature of the offence, evidence on record regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex
Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.
Let the applicant- Moharram Ali, who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.
(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.
(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., may be issued and if 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 IPC.
(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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, it shall be a ground for cancellation of bail.
It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.
Order Date :- 12.7.2022 Shalini
Digitally signed by SHALINI JAISWAL Date: 2022.07.12 18:28:16 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
2 issues framed by the court
Whether the applicant, arrested under the U.P. Prevention of Cow Slaughter Act and IPC, makes out a case for bail.
Whether the applicant's criminal history justifies denial of bail.
Colour shows how this judgement treated each authority
Dataram Singh Vs. State of U.P. and anotherReferred¶13
(2018) 3 SCC 22 · Who else cites this
3 provisions across 2 enactments
Moharram Ali
State Of U.P.
Krishan Pahal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
