Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43132 of 2018 Applicant :- Dilshad And Another Opposite Party :- State Of U.P. Counsel for Applicant :- Vikrant Gupta Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Vikrant Gupta, learned counsel for the applicants and Sri Ravi Singh Parihar, learned A.G.A. for the State.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case on account of enmity. There is no independent witness of the alleged incident. It is further submitted that nothing has been recovered from the possession of the applicants and a false recovery has been shown from the possession of the applicants, which is planted. There are no reported criminal antecedents against the applicants. The applicants are in jail since 24.09.2018.
Keeping in view the nature of submissions advanced, the applicants are entitled for bail.
Let, the applicants Dilshad and Raunak involved in Case Crime No. 174 of 2018, under Section 3/5/8 Cow Slaughter Act, Police Station Patwai, District- Rampur be enlarged on bail on their executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of magistrate/court concerned, with the following conditions:-
(i) The applicants 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 applicants 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 applicants 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 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 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 them in accordance with law.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 30.11.2018 Arti