Allahabad High Court
Arman vs State Of U.P. on 24 May, 2023
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:115972 Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 23341 of 2023 Applicant :- Arman Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Kumar Pandey,Sunita Chauhan Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
Supplementary affidavit filed on behalf of applicant is taken on record.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No.106 of 2023, under Section 3/5/8 of U.P. Cow Slaughter Act, P.S. Gambhirpur, District Azamgarh.
Learned counsel for the applicant submits that according to F.I.R. version on 14.04.2023 from the possession of the applicant and three others 135 kg. beef was recovered. He further submits that recovery has been made from the open place. The offence is triable by Magistrate-Ist Class. There is no independent witness of the alleged recovery, applicant has been falsely implicated in the present case. There is no forensic report on record to connect that the recovered material is beef. There is no possibility of the applicant of fleeing away from the judicial process or tampering with the witnesses and, in case, the applicant is enlarged on bail, the applicant shall not misuse the liberty of bail. It is next contended that the criminal history of the applicant has been explained in para 2 of the supplementary affidavit and is languishing in jail since 14.04.2023.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant but could not dispute the factual aspects.
Considering the facts and circumstances of the case as well as submissions advanced by learned counsel for the parties, nature of offence, punishment provided for the offence, without expressing any opinion on merit of the case, the applicant is entitled for bail, let the applicant- Arman involved in aforesaid case crime be released on bail on her furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
(i) The applicant shall file an undertaking to the effect that she will not tamper with the evidence and will not pressurize/intimidate the prosecution witnesses and will cooperate with the trial. The applicant 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 her counsel. In case of her absence, without sufficient cause, the trial court may proceed against her 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 her 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 her, 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.
Order Date :- 24.5.2023 Jitendra