Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52896 of 2019 Applicant :- Lalla @ Yasin Opposite Party :- State of U.P. Counsel for Applicant :- Anuj Bajpai Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.
The present bail application has been filed by the applicant with a prayer to enlarge him on bail in Case Crime No. 464 of 2019, under Sections 3/5/8 Cow Slaughter Act, relating to P.S. Jalalabad, District Shahjahanpur.
Counsel for the applicant has argued that the applicant is in custody since 23.10.2019 and has no criminal antecedents. A perusal of the F.I.R. shows that the sample of the seized goods has already been sent for analysis.
Per contra, learned A.G.A. has opposed the bail prayer of the applicant.
Considering the submissions that the applicant has no criminal antecedent and is in custody since 23.10.2019, without expressing any opinion on merit of the case, the applicant is entitled for bail.
Let the applicant- Lalla @ Yasin involved in aforesaid case crime be released on bail on his furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to 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, 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.
Order Date :- 29.11.2019 SK Srivastava