Court No. - 62
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45689 of 2018 Applicant :- Saleem Opposite Party :- State Of U.P.
Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Mukti Nath Dwivedi, learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that there are no reported criminal antecedents against the applicant. The applicant is in jail since 15.10.2018.
Keeping in view the nature of submissions advanced, the applicant is entitled for bail.
Let, the applicant-Saleem involved in Case Crime No.507 of 2018, under Section 3/5/8 Prevention of Cow Slaughter Act, Police Station Katra, District Shahjahanpur be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of the 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 (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 :- 29.11.2018 Shahroz