Court No. - 71
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24087 of 2021 Applicant :- Irfan Opposite Party :- State of U.P. Counsel for Applicant :- A.Z.Khan Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and Sri Inspectar Singh, learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case due to political rivalry. The applicant has no concern with the alleged incident and recovery as also he was not arrested on the spot nor anything has been recovered from his possession. It is further submitted that there is no independent public eye-witness of the incident. It is stated that the applicant has no previous criminal history. The applicant is in jail since 10.5.2021.
Courts have taken notice of overcrowding of jails during the current pandemic situation (Ref.: Suo Motu Writ Petition (c) No. 1/2020, Contagion of Covid 19 Virus in prisons before the Supreme Court of India). These circumstances shall also be factored in while considering bail applications on behalf of accused persons.
Keeping in view the nature of submissions advanced, the applicant is entitled for bail.
Let, the applicant- Irfan involved in Case Crime No. 150 of 2021 under Section 3/5/8 of Prevention of Cow Slaughter Act, and 3/11 Animal Cruelty Act, Police Station Rampur Maniharan, District- Saharanpur be enlarged on bail on his 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 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 (1) opening of the case, (2) framing of charge and (3) 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
It is clarified that the observations, if any, made in this order are strictly confined to the disposal of this bail application and must not be construed to have any reflection on the ultimate merits of the case.
In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.
The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad.
The computer generated copy of such order 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.
Order Date :- 30.7.2021 Digamber Digitally signed by Justice Vivek Kumar Singh Date: 2021.07.30 17:22:03 IST Reason: Document Owner Location: High Court of Judicature at Allahabad