Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56463 of 2019 Applicant :- Saddam And Another Opposite Party :- State of U.P. Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicants and Sri Sanjay Singh, learned A.G.A. for the State.
Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case due to enmity with village Pradhan. The applicants are poor labourers and they are not involved in any other criminal case and the recoveries as plotted are totally false. There is no independent public witness of the incident. The applicants are in jail since 15.10.2019.
Keeping in view the nature of submissions advanced, the applicants are entitled for bail.
Let, the applicants- Saddam and Munna involved in Case Crime No. 391 of 2019 under Section 3/5/8 of Cow Slaughter Act, Police Station Nigohi, District- Shahjahanpur be enlarged on bail on their executing 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 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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail.
Order Date :- 18.12.2019 Digamber