Allahabad High Court
Abdul Rahim vs State Of U.P. on 21 October, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 93 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 47280 of 2022 Applicant :- Abdul Rahim Opposite Party :- State of U.P. Counsel for Applicant :- Shiv Kumar Gupta,Saroj Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Surendra Singh-I,J.
Heard Sri Shiv Kumar Gupta, learned counsel for the applicant, Sri Sunil Kumar Tripathi, learned A.G.A. for the State and perused the material on record.
The instant bail application has been filed on behalf of the applicant, Abdul Rahim, with a prayer to release him on bail in Case Crime No. 97 of 2022, under Sections 3/5A/8 of U.P. Prevention of Cow Slaughter Act, Section 11 of Prevention of Cruelty to Animals Act, and Section 419, 420, 467, 468, 471 I.P.C., Police Station- Chhawani, District- Basti, during pendency of trial.
In the first information report lodged by informant S.O. Rohit Kumar Upadhyay, on 10.04.2022, it is alleged that on 10.04.2022 on the information provided to the informant that some cow smugglers with a pickup van and some motorcycles have arrived in the village- Muradiha, he along with his force reached the place stated by the informer and saw the accused persons loading the cows in the pickup van. On seeing the police, the accused persons escaped on their motorcycles. One of them fell from the pickup van while loading the cows and one more accused was arrested by the police and both of them narrated the entire incident to the police.
Learned counsel for the applicant has submitted that the applicant was neither named in the first information report nor arrested from the place of occurrence. He has been falsely implicated in the present case. The applicant's name has been disclosed in the confessional statement of co-accused, Istiyak. No incriminating article has been recovered from the possession of the applicant. Similarly placed co-accused persons, namely, Suturri, Istiyak and Ram Shankar Pathak alias Daddu Pandit, have already been granted bail by coordinate Benches of this Court vide orders dated 19.09.2022, 06.08.2022, 25.05.2022 and 20.07.2022 passed in Criminal Misc. Bail Application Nos. 34127 of 2022, 33127 of 2022, 19785 of 2022 and 28206 of 2022 respectively. The applicant is languishing in jail since 25.08.2022. The applicant has also been implicated in Case Crime No. 193 of 2021 u/s 408 I.P.C., P.S.- Tarkulwa, District- Deoria, in which he has been enlarged on bail by the court concerned. In case the applicant is released on bail, he will not misuse the liberty.
Per contra learned A.G.A. has opposed the bail prayer of the applicant by contending that the innocence of the applicant cannot be adjudged at pre trial stage, therefore, he does not deserves any indulgence. He has strongly opposed the bail and contended that cow slaughtering leads to acrimony between various groups of society. It has also resulted into riot like situations which poses serious problem for law and order before the State.
Considering the material/evidence brought on record, the submissions made by the learned counsel for the parties, the nature of allegations, the gravity of offence, the fact that co-accused persons similarly situate as the applicant have already been enlarged on bail, larger mandate of Article 21 of the constitution of India, as well as the dictum of Apex Court in the case of Dataram Singh Vs. State of U.P. and another reported in (2018) 3 SCC 22, this Court finds it to be a fit case for bail.
The bail application, accordingly, stands allowed.
Let the applicant, Abdul Rahim, involved in the aforesaid case crime be released on bail on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions :-
1. The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.
2. The applicant shall cooperate in the trial sincerely without seeking any adjournment.
3. The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.
4. 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;
5. In case, the applicant misuses the liberty of bail 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.
6. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
In case, of breach of any of the above conditions, it shall be a ground for cancellation of bail.
Identity, status and residence proof of the applicant and sureties be verified by the court concerned before the bonds are accepted.
Order Date :- 21.10.2022 KS