Allahabad High Court
Hanuman Bind vs State Of U.P. on 18 May, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:108989 Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 21070 of 2023 Applicant :- Hanuman Bind Opposite Party :- State of U.P. Counsel for Applicant :- Pushpendra Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Heard learned counsel for the applicant, learned AGA for the State-respondent and perused the material brought on record on the instant application for bail.
The present application for bail has been filed seeking bail in Case Crime No.31 of 2023, under Section 3/5A/8 of Cow Slaughter Act, section 11 of Animal Cruelty Act and section 4/25 Arms Act, Police Station Kandhwa, District Chandauli.
Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. No beef was recovered from the possession of the applicant. Five cows and ten bulls were shown to have been recovered from the joint possession of the applicant and other co-accused persons. One Chapar from the bag kept in the right hand of the applicant is also said to have been recovered from his possession. There is no public witness to the alleged recovery. The case is triable by Magistrate. The applicant does not have any criminal history apart from the instant case. It is submitted that applicant has been implicated in the present case due to political rivalry.It is submitted that co-accused Naggu Bind, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.22012 of 2023 vide order dated 17.05.2023, hence the applicant is also entitled to be enlarged on bail on the ground of parity of the order aforesaid. Case is triable by Magistrate. The applicant is languishing in jail since 29.03.2023, in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.
On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.
Considering the facts and circumstances of the case and taking into account that no beef was recovered from the possession of the applicant, there is no public witness to the alleged recovery, case is triable by Magistrate, applicant does not have any criminal history apart from the instant case, co-accused Naggu Bind, has already been enlarged on bail by this Court in Criminal Misc. Bail Application No.22012 of 2023 vide order dated 17.05.2023, applicant is languishing in jail since 29.03.2023 and undertakes that in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings, without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
Let applicant-Hanuman Bind be released on bail in the above case crime number on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) 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.
(ii) 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.
(iii) 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, then the trial court shall initiate proceedings against him, 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.
(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that he will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.) Order Date :- 18.5.2023 VKG