Court No. - 65
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 56710 of 2019 Applicant :- Shahid And Another Opposite Party :- State of U.P.
Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Rajesh Kumar Mishra, learned counsel for the applicants and Sri Abhinav Prasad, learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicants have been falsely implicated in the present case on account of political 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 29.11.2019.
Keeping in view the nature of submissions advanced, the applicants are entitled for bail.
Let, the applicants- Shahid and Mushahid involved in Case Crime No. 473 of 2019, under Section 3/5/8 Cow Slaughter Act & Section 3/11 of Prevention of Cruelty to Animals Act, Police Station Shahbad, 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 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 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 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 are 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 :- 19.12.2019/Arti