The High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 17207 of 2022 granted bail to the applicant in a case under the Prevention of Cow Slaughter Act, subject to conditions of personal bond and localized sureties.
Released on bail by furnishing personal bond and two local sureties.
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Court No. - 78
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 17207 of 2022
Applicant : Haseen Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.71 of 2022, under Section 3/5Ka/8 Prevention of Cow Slaughter Act, Police Station Fatehpur, District Saharanpur.
Learned counsel for the applicant submits that according to the FIR version on 17.3.2022 from the joint possession of the applicant and co-accused Guljar, 90 kg beef was recovered and it is alleged that co-accused fled away from the spot. He further submits that there is no independent witness of the alleged recovery and applicant has been falsely implicated in the case. He next submits that applicant has criminal history of two more cases and in both the cases he has been enlarged on bail which has been explained in paras 10 & 11 of the affidavit filed in support of the bail application. He next submits that offence is triable by the Magistrate Ist Class. He further submits that applicant is languishing in jail since 17.3.2022.
Per contra, learned A.G.A. opposed the bail prayer of the applicant by contending that there is no reason to falsely implicate the applicant, therefore, he does not deserve any benevolence.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, no independent witness of the alleged recovery, offence is triable by Magistrate Ist Class, nature and punishment provided for the offence, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let applicant Haseen involved in the aforesaid case crime be released on bail on his 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 applicant will not tamper with the evidence and pressurize the witnesses during trial.
(ii) 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.
(iii) 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.
(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.
Order Date :- 4.7.2022
m.a.
Digitally signed by MOHAMMAD AYYUB Date: 2022.07.06 12:28:54 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether to grant bail to the applicant under Section 437 Cr.P.C. subject to conditions regarding presence and non-interference with evidence.,
Colour shows how this judgement treated each authority
noneReferred
3 provisions across 3 enactments
Haseen
ALI ZAMIN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
ALI ZAMIN
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