Court No. - 84
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13622 of 2021 Applicant :- Dilshad And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Syed Mohammed Jafer Husain,Syed Wajid Ali Counsel for Opposite Party :- G.A.
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Syed Wajid Ali, learned counsel for the applicants and the learned AGA for the State-respondent.
By means of this application, the applicants, Dilshad and Ishteyak, who are involved in Case Crime No. 343 of 2020, under Section 379 I.P.C. and 3/5/8 of Cow Slaughter Act, at Police Station- Khaga, District- Fatehpur, are seeking enlargement on bail during the trial.
Learned counsel for the applicants submits that the allegations in the FIR version are absolutely vague and do not specifically point out the role of the two applicants in respect of the alleged incident. It is submitted that the applicants have been falsely implicated in the present case. Further submission is that the applicants have no criminal history and in case they are released on bail, they would not misuse the liberty of bail and would cooperate in the early disposal of the case.
Per contra learned A.G.A. has opposed the bail prayer of the applicants by contending that the innocence of the applicants cannot be adjudged at pre trial stage therefore, the applicants do not deserve any indulgence.
Having considered the submissions of the parties, without expressing any opinion on the merits, let the applicants Dilshad and Ishteyak, involved in the aforesaid case, be released on bail on their furnishing personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:
(i) The applicants shall file an undertaking to the effect that they 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 applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code.
(iii) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code.
(iv) The applicants 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 them in accordance with law.
The applicants shall file computer generated copy of this order downloaded from the official website of High Court Allahabad, which shall be self attested by the counsel of the party concerned.
The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing.
It is clarified that the observations made in this order are limited to the purpose of consideration of this bail application and would in no way be construed as an expression on the merits of the case. The trial court shall be free to arrive at its independent conclusions on the basis of evidence led unaffected by any observation made in this order.
Order Date :- 8.4.2021 Shalini (Dr. Y.K.Srivastava,J.)