In bail application arising from a cow slaughter case, the High Court granted bail to the applicant based on parity of application with a co-accused already released, imposing specific conditions regarding trial attendance and non-tampering with evidence.
Order of enlargement on bail by furnishing a personal bond and two local sureties of 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. - 82
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 690 of 2022
Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- Laxmi Kant Bhatt 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.103 of 2021, under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act and Section 11 Prevention of Cruelty to Animals Act, Police Station Jani, District Meerut.
Learned counsel for the applicant submits that 60 kg beef alleged to have been recovered from the house of Razil and from the house of Bhuri and Sajila, four persons have been alleged fled away. He next submits that co-accused Israr has already been granted bail by this Court in Criminal Misc.Bail Application No.52451 of 2021, vide order dated 22.12.2021. Applicant's case is at par with co-accused released on bail, therefore, he is also entitled for bail on the ground of parity. The applicant is languishing in jail since 26.11.2021.
Per contra, learned A.G.A. has opposed the bail but does not dispute the factual aspects of the matter.
Considering the facts and circumstances of the case as well as submissions made by learned counsel for the parties, enlargement of co-accused on bail, without expressing any opinion on the merit of the case, the applicant is entitled for bail, let the applicant Irfan 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) 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, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 174-A of the Indian Penal Code.
(v) 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 :- 27.1.2022
m.a.
2 issues framed by the court
Whether the applicant is entitled to bail under Section 437(5) Cr.P.C. by way of parity with a co-accused who has already been granted bail.
Whether the applicant can be released on bail subject to furnishing a personal bond and two local sureties.
5 provisions across 4 enactments
Irfan
Ali Zamin
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Ali Zamin
Parties & counsel
