In a criminal miscellaneous bail application under the UP Prevention of Cow Slaughter Act, the High Court found it to be a fit case for granting bail, subject to specific conditions regarding attendance and avoiding abuse of bail liberty.
Applicant released on bail on personal bond and two reliable sureties subject to conditions of attendance and no abuse of liberty.
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Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37910 of 2022
Applicant :- Naushad Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Husain Counsel for Opposite Party :- G.A.
Hon'ble Piyush Agrawal,J.
Heard learned counsel for the applicant as well as learned Additional Government Advocate for the State of U.P. and perused the record.
The present bail application has been filed by the applicant seeking bail in Case Crime No. 414/2022, under Sections 3/5A/8 of UP Prevention of Cow Slaughter Act, 1955, Police Station- Nawabganj, , District - Prayagraj.
Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present crime. The application was not arrested from the spot. He further submits that nothing has been recovered from the possession of the applicant or his pointing out. He further submits that there is no eye witness to the alleged incident and no specific role has been assigned to the applicant. Prosecution evidence does not connect the applicant with the alleged offence. It is also submitted that there is no apprehension that after being released on bail, he may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicant is in jail since 27.07.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has, however, opposed the prayer for grant of bail.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant, namely, Naushad, be released on bail in the aforesaid Case Crime Number on furnishing personal bond and two reliable sureties each of the like amount to the satisfaction of the court concerned subject to following conditions:-
(i) The applicant shall file an undertaking to the effect that the applicant 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 counsel. In case of absence, without sufficient cause, the trial court may proceed against the applicant under Section 229-A of the Indian Penal Code.
(iii) In case the applicant misuse the liberty of bail during trial and in order to secure the applicant's 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 the applicant, 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 the applicant in accordance with law.
Any violation of above conditions will be treated misuse of bail and learned Court below will be at liberty to pass appropriate order in the matter regarding cancellation of bail.
Order Date :- 23.9.2022 Amit Mishra
(Piyush Agrawal,J.)
Digitally signed by AMIT KUMAR MISHRA Date: 2022.09.23 14:01:41 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether bail should be granted in a case under the UP Prevention of Cow Slaughter Act where there is no apprehension of fleeing or misusing liberty.
4 provisions across 2 enactments
Naushad
State of U.P.
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
