Allahabad High Court
Shameem vs State Of U.P. on 19 October, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:203001 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 42502 of 2023 Applicant :- Shameem Opposite Party :- State of U.P. Counsel for Applicant :- Syed Mohd Taqi Abdi Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present first bail application has been filed on behalf of the applicant in Case Crime No. 273 of 2023 under Sections 3/5/8 of Cow Slaughter Act, Police Station Thana Bhawan, District Shamli with the prayer to enlarge him on bail.
3. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. It is submitted that 18 Kg of beef is said to have been recovered from the possession of the applicant. It is further submitted that there is no public witness of the alleged recovery. It is contended that there is no F.S.L. report to suggest that the alleged recovered substance is prohibited beef. It is next contended that co-accused person, Hasan has already been enlarged on bail by co-ordinate Bench of this Court vide order dated 12.10.2023 passed in Criminal Misc. Bail Application No. 42519 of 2023. The applicant is languishing in jail since 08.08.2023 having no criminal history as is disclosed in paragraph No. 17 of the affidavit filed in support of the bail application. It is lastly submitted that since the role of the present applicant is similarly to that of co-accused, who has already been enlarged on bail, present applicant is also entitled to be enlarged on bail on the ground of parity and if he is granted the liberty of bail he will not misuse the same and he is ready to furnish his sufficient sureties, bonds and personal bonds.
4. On the other hand, learned AGA has vehemently opposed the prayer for bail but could not controvert the fact co-accused has been enlarged on bail.
5. Considering the fact that, there is no F.S.L. report on record to suggest that the alleged recovered substance is prohibited beef, applicant has no criminal history, co-accused has been enlarged on bail by co-ordinate Bench of this Court vide order dated 12.10.2023 passed in Criminal Misc. Bail Application No. 42519 of 2023 and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail on the ground of parity.
6. Let applicant Shameem be released on bail in the above case crime number and 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 :- 19.10.2023/Karan