Nahar Khan Urf Farukh v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 37513 of 2023 Applicant :- Nahar Khan Urf Farukh Opposite Party :- State of U.P. Counsel for Applicant :- Shivesh Mishra,Mohd. Ashraf Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Supplementary affidavit filed today is taken on record.

¶2Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶3The present first bail application has been filed on behalf of the applicant in Case Crime No. 314 of 2023 under Sections 3/5B/8 of U.P. Prevention of Cow Slaughter Act-1955 and under Section 11 of the Prevention of Cruelty to Animals Act, 1960 Police Station Faridpur, District Bareilly with the prayer to enlarge him on bail.

¶4Learned 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 name of the applicant surfaced on the basis of confessional statement of the co-accused who was arrested at spot. It is further submitted that nothing incriminating has been recovered from the possession of the applicant. It is contended that on the basis of criminal history of the applicant, he has been falsely implicated in this case. Applicant is languishing in jail since 18.06.2023 having criminal history of 16 cases and in 15 of the cases he has been enlarged on bail and copy of the bail orders are annexed as Annexure No. 2 to 14 of the affidavit filed in support of the bail application and Annexure No. 1 to the supplementary affidavit filed today. It is lastly submitted that there is no possibility of absconding by the applicant as the applicant is residing at his permanent residence 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 and shall co-operate in the trial.

¶5On the other hand, learned AGA has opposed the prayer of bail but could not controvert the aforesaid arguments as advanced by learned counsel for the applicant.

¶6Considering the fact that the applicant was not arrested at spot, his name surfaced in the confessional statement of co-accused, criminal history is well explained, nothing incriminating has been recovered from the possession of the applicant and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶7Let applicant Nahar Khan @ Farukh 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.

(vii) If the applicant involves himself in any other criminal case, the present bail order shall stand automatically cancelled. (Renu Agarwal,J.) Order Date :- 17.10.2023 Karan High Court of Judicature at Allahabad