Allahabad High Court
Mohd. Mukhtaar @ Guddu vs State Of U.P. on 24 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- BAIL No. - 3732 of 2021
Applicant :- Mohd. Mukhtaar @ Guddu
Opposite Party :- State of U.P.
Counsel for Applicant :- Mohsin Iqbal
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Heard learned counsel for the bail-applicant Sri Mohsin Iqbal, Advocate and learned A.G.A. for the State and perused the record.
The present bail application is filed on behalf of the accused-applicant-Mohd. Mukhtaar @ Guddu, who is involved in Case Crime No.502 of 2020, under Sections 3/5/8 of Cow Slaughter Act, registered at Police Station Khandasa, District Ayodhya.
The occasion of present bail application has arisen on rejection of bail plea of applicant by learned Sessions Judge, POCSO Act, Ist/Additional Sessions Judge, Faizabad vide order dated 19.02.2021. A copy of the bail application has already been received in the office of learned G.A.
Learned A.G.A. is to protest the bail plea on the basis of instructions and copy of case diary with him.
Learned counsel on reading over the arrest and recovery memo wherein the accused is reported to be caught red handed on spot, when enquired about the person fled away, the name of present accused-applicant came into confessional statement. Learned counsel further submitted that even the person caught red handed on the spot namely Rajjab Ali @ Raja has already been granted bail by co-ordinate Bench of this Court vide order dated 08.01.2021 passed in Bail No.119 of 2021.
Learned counsel for the bail-applicant further submitted that the present accused-applicant is not concerned with the offence in question and his name came into confessional statement is not true, he is falsely implicated in the case. Learned counsel further submitted that the present accused-applicant is a local resident, not in a position to flee away from the process of Court and is ready and willing to face the trial, if released on bail.
Learned A.G.A. has, however, opposed the prayer for grant of bail but he has not disputed the above contention made by learned counsel for the accused-applicant.
Keeping into mind the valuable right of personal liberty and the fundamental principle not to disbelieve a person to be innocent unless held guilty and if he is not arraigned with the charge of an offence for which the law has put on him a reverse burden of proving his innocence as, held in the judgment of Hon'ble the Supreme Court in Dataram Singh Vs. State of U.P. and ors. reported in (2018) 3 SCC 22, I find force in the submission of learned counsel for the bail-applicant to enlarge him on bail.
Let applicant (Mohd. Mukhtaar @ Guddu), involved in Case Crime No.502 of 2020, under Sections 3/5/8 of Cow Slaughter Act, registered at Police Station Khandasa, District Ayodhya be released on bail on his furnishing personal bond of Rs.1,00,000/- and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(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 misuse 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 applicants 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.
Order Date :- 24.3.2021/Saurabh
