Allahabad High Court
Firoj Ahmad vs State Of U.P. Thru. Prin. Secy. Home Lko. on 21 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 15 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12272 of 2022 Applicant :- Firoj Ahmad Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sanjay Singh Chauhan,Saggir Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Kunwar Veer Bhan Singh, learned A.G.A. for the State and perused the record.
Instant bail application has been filed with a prayer to release the applicant on bail during the trial in Case Crime No. 206 of 2022, under Section 429 IPC, 3/5/8 U.P. Prevention of Cow Slaughter Act and Section 11/13 Prevention of Cruelty to Animals Act, Police Station- Bazar Shukul, District Amethi.
Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the instant case. He next added that the applicant was not arrested on spot and the police has planted the aforesaid recovery and has shown recovered from him. He next submits that there is no independent public eye witness of the said recovery. He next added that the applicant has no previous criminal antecedent, which has been mentioned in para 14 of the bail application. The applicant is law abiding citizen and he is languishing in jail since 28.09.2022. In case, he is granted bail, he will not misuse the liberty of bail and would cooperate in the trial proceedings.
On the other hand, learned A.G.A. for the State vehemently opposed the contention aforesaid and submits that the applicant was involved in committing the aforesaid offence as beef was recovered from his shop, as such, he is not entitled to be released on bail.
Having heard the learned counsel for the parties and after perusal of record, it is evident that applicant was not arrested on spot; no independent public eye witness of the said recovery; further there is no previous criminal history of the applicant and he is languishing in jail since 28.09.2022.
Thus, considering the submissions of learned counsel of both sides, nature of accusation and severity of punishment in case of conviction, nature of supporting evidence, prima facie satisfaction of the Court in support of the charge, reformative theory of punishment and without expressing any view on the merits of the case, I find it to be a fit case for bail.
Let the applicant- Firoj Ahmad involved in the aforementioned crime be released on bail, on his furnishing a personal bond and two sureties each in the like amount, to the satisfaction of the court concerned, with the following conditions:-
(1) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, or otherwise during the investigation or trial;
(2) 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. He 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;
(3) 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.; and (4) 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 in such proclamation, the trial court shall initiate proceedings against him, in accordance with law under Section 174-A of the Indian Penal Code.
The identity, status and residential proof of sureties will be verified by the court concerned and in case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail and send the applicant to prison.
It is clarified that the observations made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the merits of the case.
Order Date :- 21.10.2022 A.Kr*