Allahabad High Court
Hasnain vs State Of U.P. on 13 April, 2023
Author: Vivek Kumar Singh
Bench: Vivek Kumar Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 14265 of 2023 Applicant :- Hasnain Opposite Party :- State of U.P. Counsel for Applicant :- Mukti Nath Pandey,Pawan Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Kumar Singh,J.
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.449 of 2022, under Section 3/5/8 of U.P. Cow Slaughter Act and Section 11 the U.P. Prevention of Animal Cruelty Act, P.S. Thakudwara, District Moradabad.
Learned counsel for the applicant submits that the applicant has not committed the alleged offence. He has been falsely implicated in the present case by police personnel. He further submits that the arrested co-accused Waseem has been granted bail by co-ordinate Bench of this Court and by this Court vide order 21.11.2022 in Criminal Misc. Bail Application No.47721 of 2022, therefore, the applicant is also entitled for bail on the ground of parity. 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. The criminal history of the applicant has been explained in para 17 of the affidavit filed in support of bail application. 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 applicant is languishing in jail since 22.09.2022.
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- Hasnain involved in aforesaid case crime be released on bail on his 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 he 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 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.
Order Date :- 13.4.2023 Jitendra