Allahabad High Court
Waseem vs State Of U.P. on 17 May, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:107591 Court No. - 85 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 20916 of 2023 Applicant :- Waseem Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.607 of 2021 under Sections 3/5/8 of U.P. Prevention of Cow Slaughter Act Police Station Bhojipura District Bareilly.
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. As per the allegation in the F.I.R., 50 kg beef is said to have been recovered from the possession of the applicant. The police has falsely planted the recovery upon the applicant. There is no corroborative evidence so as to connect the present applicant with the instant matter. No forensic science laboratory report has been submitted which might prove that the recovered substance was prohibited beef. Apart from the instant case the applicant has criminal history of five more cases which have been explained in paragraph-6 of the affidavit filed in support of the bail application and in paragraph-2 of the supplementary affidavit. The applicant has been enlarged on bail in all the five cases as well. Bail orders of the four cases are also brought on record as annexure No. 2 to the affidavit and of the remaining one case as annexure No. 1 to the supplementary affidavit. Identically situated co-accused Arif and Iliyas have already been enlarged on bail by this Court in Criminal Misc. Bail Application Nos.54561 of 2021 and 11836 of 2023 vide orders dated11.02.2022 and 03.04.2023 respectively. The applicant is seeking parity with the aforesaid co-accused persons. The applicant is languishing in jail since 11.04.2023, 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 there is no independent witness tot he recovery of beef from the applicant, no forensic science laboratory report has been submitted which proves that the alleged recovered meat was prohibited beef and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
The bail application is allowed.
Let applicant-Waseem 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.
(vii) In case the applicant repeat the same offence, this bail shall stand automatically cancelled without reference to this Court and the civil court will be at liberty to take action against the applicant as per law.
(Renu Agarwal,J.) Order Date :- 17.5.2023 Nadeem