Allahabad High Court
Shameem And 4 Others vs State Of U.P. on 27 September, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 92 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 40331 of 2022 Applicant :- Shameem And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Yashwant Singh Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.
Learned counsel for the applicant is permitted to amend the prayer clause during course of the day.
Heard learned counsel for the applicants 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 applicants seeking bail in Case Crime No.281 of 2022, under Sections 3/5A/8 of Cow Slaughter (Prevention) Act and Section 379, 153-A, 295, 505 IPC and Section 7 of the Criminal Law Amendment Act, Police Station-Kotwali Kannauj, District-Kannauj.
As per the FIR, it is alleged that the applicants along with some unknown persons have stolen a cow and slaughtered the cow and thrown the head and legs of the cow in the field of Ganga Ram.
Learned counsel for the applicants submitted that the applicants are innocent persons and have been falsely implicated in the present crime due to ulterior motive. It is submitted that the applicants are not named in the FIR and their names came into light in the subsequent statement of witnesses. It is further submitted that except the confessional statement of the co-accused persons, no one has made a single whisper against the applicants. It is submitted that the applicants have not committed any offence as alleged in the FIR. It is further submitted by learned counsel for the applicants that nothing incriminating thing has been recovered from the possession of the applicants or their pointing out. It is further submitted that the co-accused Baba @ Khurshid, Sheebu, Kallu Alias Shahid, Mohd. Irfan have already been enlarged on bail by another Co-ordinate Bench of this Court vide orders dated 03.08.2022, 16.07.2022, 06.07.2022 and 16.07.2022, passed in Criminal Misc. Bail Applications No.33439 of 2022, 28249 of 2022, 28464 of 2022 and 26299 of 2022. Copies of the bail orders have been collectively brought on record as Annexure-5 to the bail application. Learned counsel for the applicants has next submitted that the applicants having better case for getting bail on account of parity. It is also submitted that there is no apprehension that after being released on bail, the applicants may flee from the course of law or may, otherwise, misuse the liberty of bail and the applicants are in jail since 20.08.2022 and the possibility of conclusion of trial in near future is very bleak.
Learned A.G.A. has vehemently opposed the prayer for grant of bail and submitted that the charge-sheet has been submitted against the applicants, however, he has not disputed the above contention made by the learned counsel for the applicants.
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, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicants, namely, Shameem, Waseem, Faheem, Akil and Siddique Pahalwan be released on bail in the aforesaid Case Crime Number on their 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 applicants 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.
(ii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail 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 of the Indian Penal Code.
(iv) The applicants 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 applicants 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 them 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 :- 27.9.2022 SK Goswami