Court No. - 70
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 57109 of 2019 Applicant :- Shareef Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Counsel for Opposite Party :- G.A.
Hon'ble Ashok Kumar,J.
Heard learned counsel for the applicant, learned AGA for the State and perused the record.
This is the bail application on behalf of the applicant Shareef under Section 3/5/8 U.P. Prevention of Cow Slaughter Act, 1955, P.S. Kotwali Konch, District Jalaun.
By the impugned order dated 22.11.2019 the bail application moved by the applicant has been rejected by the Court below. The ground has been taken by the applicant before the Court below is that due to enmity he has been falsely implicated in the criminal case and further that the applicant has gone to Gujrat for doing private job. It is further stated that on 3.2.2017 the file of S.T. No. 18 of 2017 (State vs. Merajuddin and others) under Section 3/5/8 of U.P. Prevention of Cow Slaughter Act, 1955 was transferred from the Court of C.J.M., Jalaun to the Court of Additional Session Judge, IInd Jalaun vide order dated 3.2.2017 but the the applicant was not aware regarding the transfer of the proceeding.
It is further contented by the learned counsel for the applicant that due to the reasons given hereinabove the accused could not attend the Court on the date fixed hence the non-bailable warrant has been issued against him on 16.2.2017. It is contended that when the applicant came to know about the same he came and appeared before the Court below and on 30.9.2019 and the applicant was sent to jail. He has applied for bail before the trial Court however his bail application has been rejected by the Court below on the ground of non-compliance of the bail order / and conditions.
Having heard learned counsel for the parties and perused the impugned order of the Court below and that the applicant is in jail since 30.9.2019 I found that in the present case the applicant Shareef is entitled for bail.
Let the applicant Shareef be released on bail in Case Crime No. 396 of 2005, under Section 3/5/8 U.P. Prevention of Cow Slaugher Act, 1955, P.S. Kotwali Konch, District Jalaun on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:
1. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and 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.
2. 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.
3. In case, the applicant misuses the liberty of bail 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.
4. 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 default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.
Order Date :- 19.12.2019 S.S.