Criminal Misc. Bail Application concerning an accused in a cow slaughter case. The court allowed the bail application, directing the applicant to furnish a personal bond and local sureties and imposing specific conditions regarding trial conduct and presence.
Release on bail on furnishing a personal bond and two local sureties of like amount, subject to conditions.
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Court No. - 86
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9299 of 2023
Applicant :- Ajmat Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.408 of 2022, under Section 3/5/8 of U.P. Cow Slaughter Act, P.S. Tappal, District Aligarh.
Learned counsel for the applicant submits that applicant is not named in the F.I.R., name of applicant surfaced on the basis of statement of co-accused while he was already in jail in connection of Case Crime No.430 of 2022, under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, P.S. Sadabad, District Hathras. He further submits that recovery has been made from the open place. The offence is triable by Magistrate-Ist Class. There is no independent witness of the alleged recovery, applicant has been falsely implicated in the present case. There is no forensic report on record to connect that the recovered material is beef. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the criminal history of the applicant has been explained in para 6 of the affidavit filed in support of bail application and is languishing in jail since 04.11.2022.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the factual aspects.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence, punishment provided for the offence, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Ajmat involved in aforesaid case crime be released on bail on her 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 shall file an undertaking to the effect that she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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.
Order Date :- 25.4.2023 Jitendra
Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant is entitled to be released on bail in a case under U.P. Cow Slaughter Act.
4 provisions across 2 enactments
Ajmat
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
