Allahabad High Court
Mohd. Salim vs State Of U.P. on 5 December, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:230024 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50408 of 2023 Applicant :- Mohd. Salim Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Jaid Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Supplementary affidavit filed today is taken on record.
2. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
3. The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.489 of 2023 under Sections 379, 429 IPC and Section 3/5/8 of U.P. Prevention of Cow Slaughter Act Police Station Kokhraj District Kaushambi.
4. 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. The applicant was not named in the FIR. The applicant was arrested in the instant case on the information of Mukhbir Khas. 20kg beef is shown to have recovered from the joint possession of the applicant and other co-accused person. There is no public witness to the alleged recovery. No forensic science laboratory report has been submitted to show that the allegedly recovered substance is prohibited beef. The applicant has no criminal history apart from the instant case. The applicant is languishing in jail since 24.10.2023 in case he is enlarged on bail, he will not misuse the liberty of bail and will cooperate in the trial proceedings.
5. On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.
6. Considering the facts and circumstances of the case and taking into account that the applicant was not named in the FIR, there is no public witness to the alleged recovery of beef, no Forensic Science Laboratory report has been submitted to prove that the recovered substance was prohibited beef, the allegedly recovered been has not been connected with the present FIR, the applicant has no criminal history apart from the instant case and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
7. The bail application is allowed.
8. Let applicant-Mohd. Salim 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 :- 5.12.2023 Nadeem