Babar v. State of U.P

Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 50114 of 2023 Applicant :- Babar Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Kalim,Mary Puncha (Sheeb Jose) Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.

¶1Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

¶2The present first bail application under Section 439 Cr.P.C. has been filed on behalf of the applicant in Case Crime No. 38 of 2022 under Sections 3/5A/5B/8 of Prevention of Cow Slaughter Act and Section 11 of Prevention of Animal Cruelty Act and Section 429 I.P.C. Police Station Baburi, District Chandauli with the prayer to enlarge him on bail.

¶3Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to malafide intentions. Allegations as per the is that, upon receiving information through informer, police party apprehended a pickup truck from which two live ox, three live cow and one dead cow were recovered. It is submitted that the applicant was not arrested at the spot. Applicant is the owner of the alleged vehicle which was used for transporting cow and buffaloes. There is no independent witness of the alleged recovery. It is submitted that no weapon for slaughter or beef is found in the alleged vehicle. It is further submitted that co-accused-Vikas Gupta (Driver) has been enlarged on anticipatory bail by co-ordinate Bench of this Court vide order dated 30.05.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 4326 of 2022. Applicant is languishing in jail since 25.09.2023 having criminal history of six cases and in all of the cases he has been enlarged on bail and copies of the bail orders are annexed as Annexure No. 3 to the affidavit filed in support of the bail application. If the applicant 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.

¶4On the other hand, learned AGA for the State has submitted that the applicant is involved in the business of transporting cows for the purpose of slaughter and opposed the prayer for bail.

¶5Considering the fact that nothing incriminating has been recovered in the said pickup truck, criminal history is well explained, applicant was not arrested at spot, there is no independent witness of the alleged recovery and without expressing any opinion on the merits of the case, accused-applicant is liable to be released on bail.

¶6Let applicant Babar 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) It is made clear that if the applicant or his vehicle is found involved in any other case of the like nature, the present bail order shall stand automatically vacated and the trial court concerned shall be at liberty to take coercive action against the applicant. (Renu Agarwal,J.) Order Date :- 23.11.2023 Karan High Court of Judicature at Allahabad