Allahabad High Court
Nazim vs State Of U.P. on 25 April, 2022
Author: Narendra Kumar Johari
Bench: Narendra Kumar Johari
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 90 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 9955 of 2022 Applicant :- Nazim Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A. Hon'ble Narendra Kumar Johari,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present bail application has been filed by the applicant in Case Crime No. 258 of 2021, under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955, Police Station Sahaswan, District- Budaun.
Submission of learned counsel for the applicant is that the applicant is innocent and has been falsely implicated in the present case. It has been shown in FIR that approx 3 quintals of beaf, slaughtering apparatus, illegal fire arms, cartridges and vehicles have been recovered from the spot. When the police team reached at the place of occurrence. It is further submitted that the applicant neither has been arrested from the spot nor any incriminating article has been recovered from the possession of the applicant. Co-accused, Anis, Bablu, Sablu @ Mohammad Alam, Hasrat, have already been granted bail by this Court / by coordinate bench of this Court vide order s dated 29.10.2021, 09.02.2022, 11.01.2022 & 06.01.2022 passed in Bail Application Nos. 31906 of 2021, 33048 of 2021, 41681 of 2021 & 54157 of 2021. The case of applicant is on better footing, so the applicant is entitled for bail on the ground of parity also. The applicant has explained his criminal history in his bail application and he has not been previously convicted. Applicant is in jail since 19.01.2022 and the trial is not likely to conclude in near future. If he is released on bail, he will not misuse the liberty of bail and will co-operate in the trial.
Learned A.G.A has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by the learned counsel for the accused-applicant.
Considering the facts and circumstances of the case, perusing the record and considering the nature of allegations, role of applicant, severity of punishment, parity and taking into consideration the arguments advanced by the learned counsel for the parties and, without expressing any opinion on the merit of the case, I find it to be a fit case for granting bail.
Let applicant (Nazim) be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Magistrate/Court concerned, subject to following conditions :-
(i). The applicant will furnish a personal bond with two sureties of the like amount to the satisfaction of the court concerned.
(ii). The applicant will appear and strictly comply following terms of bond executed under section 437 sub section 3 of Chapter 33 of Cr.P.C.-
(a) applicant shall attend in accordance with the conditions of the bond executed under this Chapter.
(b) applicant will not indulge in any criminal activities, and
(c) applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.
(iii). The applicant shall cooperate with investigation /trial.
(iv). 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.
(v). The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, the trial court may proceed against him under Section 229-A of the Indian Penal Code.
(vi). In case, the applicant misuses the liberty of bail during trial 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.
(vii). The applicant shall remain present, 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 :- 25.4.2022 Aditya