Allahabad High Court
Salim @ Salib vs Stae Of U.P. Thru. Secy. Home Lko. on 19 December, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 27 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14831 of 2022 Applicant :- Salim @ Salib Opposite Party :- Stae Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Hari Om Rana,Mohmmad Tayyab Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J.
Heard learned counsel for the applicant, Sri Sudhir Upadhyay, learned A.G.A. for the State and perused the record.
The instant bail application has been filed on behalf of the applicant with a prayer to release the applicant on bail during the trial in Case Crime No. 0702 of 2022, under Section 3/5/8 U.P. Cow Slaughter (Prevention) Act, 1955, P.S.- Mohammadi, District - Kheri.
It is contended by learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in the present case due to ulterior motive. He next added police being inimical has implicated the applicant in the instant matter. He next added that there is no cogent piece of evidence so as to connect him in the instant matter. He next contends that co-accused namely Saeem @ Forman has already been granted bail by this Court in Criminal Misc. Bail Application No. 12959 of 2022 vide order dated 23.11.2022 thus applicant is also seeking parity with the order aforesaid. He next submits that applicant was not involved in committing the aforesaid offence. He further submits that there is no other criminal history of the applicant except the present case. The applicant is in jail since 05.11.2022. In case he is granted bail, he will not misuse the liberty and would cooperate in the trial proceedings.
Per contra, learned A.G.A. opposed the prayer of bail but he could not dispute the fact that co-accused has been granted bail by this Court and further there is no other criminal history against the applicant.
Having heard the learned counsel for the parties and after perusal of record, I find that co-accused has already been enlarged on bail by this Court, further there is no other criminal history against the applicant, coupled with the fact that he is languishing in jail since 05.11.2022, thus without commenting on the merits of the case, I find it a fit case for bail.
Let the applicant- Salim @ Salib 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 :- 19.12.2022 Ujjawal