Allahabad High Court
Rangile Sonkar vs State Of U.P. on 13 December, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:235844 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51146 of 2023 Applicant :- Rangile Sonkar Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh,Pratibha Singh 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.284 of 2023 under Section 429 IPC, Sections 3/5A/5B/8 of U.P Prevention of Cow Slaughter Act and Section 11 of the Prevention of Cruelty to Animals Act Police Station Mugalsarai District Chandauli.
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 neither named in the FIR nor he was arrested at the spot. The name of the applicant surfaced in the instant case in the statement of co-accused Jafar Hussain. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. No weapons to be used for slaughtering of animals has been recovered from the possession of the applicant. It is submitted that no beef is recovered from the possession of the applicant. Only livestock are recovered from the pickup van. It is also submitted that the case is at the most covered under Section 11 of the Prevention of Cruelty to Animals Act. Apart from the instant case the applicant has criminal history of four more cases which are explained in paragraph-2 of the supplementary affidavit. It is submitted that except the Case Crime No. 73 of 2021 the applicant has been released on bail in all other cases. Co-accused Jafar Hussain who was arrested at the spot has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.44550 of 2023, vide order dated 07.11.2023. It is also submitted that the case of the applicant stands on a better footing than that of the co-accused however the applicant seeks parity in relief granted to the aforesaid co-accused. The applicant is languishing in jail since 18.10.2023, 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 neither named in the FIR nor he was arrested at the spot, nothing incriminating has been recovered from the possession of the applicant, no weapons to be used for slaughtering of animals has been recovered from the possession of the applicant, co-accused Jafar Hussain who was arrested at the spot has already been enlarged on bail by co-ordinate Bench of this Court in Criminal Misc. Bail Application No.44550 of 2023, vide order dated 07.11.2023 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-Rangile Sonkar 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 :- 13.12.2023 Nadeem