Court No. - 11

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4386 of 2023

Applicant :- Asgar

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko.

Counsel for Applicant :- Umesh Kumar Maurya

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant as well as learned

A.G.A. for the State of U.P. and perused the record.

The present bail application has been filed on behalf of the

applicant in Case Crime No.367 of 2022 under Sections 3/5/8

of U.P. Prevention of Cow Slaughter Act, Police Station

Achalganj, District Unnao, with the prayer to enlarge him on

bail.

Learned counsel for the applicant submitted that the applicant is

innocent person and has falsely been implicated in the present

case on the basis of information given by informer, but nothing

was recovered from his possession. He further submitted that

earlier applicant was implicated in either other cases, which is

explained in para 10 of the bail application. He further

submitted that co-accused, Navi Ahmad, having identical role,

have already been granted bail by this Court, vide order dated

3.3.2023 passed in Criminal Misc. Bail Application No.3332 of

2023 (photo copy of the bail order provided by learned counsel

for the applicant is taken on record). In these circumstances, the

applicant is also entitled for bail. In case of being enlarged on

bail, he will not misuse the liberty of bail.

Learned A.G.A. has opposed the prayer of the applicant for

grant of bail, but he conceded the fact that co-accused, Navi

Ahmad, have already been granted bail by this Court.

Considering the rival submissions of learned counsel for

parties, material available on record, contents of the F.I.R.,

other relevant documents, bail order of the co-accused, Navi

Ahmad, ground of parity as well as totality of fact and

circumstances, I am of the view that the applicant is entitled to

be released on bail.

Let applicant - Asgar- be released on bail in aforesaid Case

Crime, on his furnishing personal bond and two reliable sureties

each of the like amount to the satisfaction of the court

concerned subject to following conditions:-

(i) The applicant shall not commit or participate in any offence

similar to the offence of which he is accused, or suspected, of

the commission of which he is suspected.

(ii) The applicant shall not directly or indirectly make any

inducement, threat or promise to any person acquainted with the

facts of the case so as to dissuade him from disclosing such

facts to the Court or to any police officer or tamper with the

evidence.

(iii) The applicant shall file an undertaking to the effect that he

shall not seek any adjournment on the date 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.

(iv) 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 IPC.

(v) 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., may be issued and if 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 IPC.

(vi) The applicant shall remain present, in person, before the

Trial Court on dates fixed for (1) opening of the case, (2)

framing of charge and (3) 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.