Allahabad High Court
Sirtaj vs State Of U.P. on 19 June, 2020
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 18 Case :- BAIL No. - 3828 of 2020 Applicant :- Sirtaj Opposite Party :- State of U.P. Counsel for Applicant :- Dinesh Kr. Chaudhary Counsel for Opposite Party :- Govt. Advocate Hon'ble Attau Rahman Masoodi,J.
Heard learned counsel for the accused-applicant and learned A.G.A. for the State.
This bail application has been filed by the accused-applicant Sirtaj, who is involved in Case Crime No. 394 of 2019, under Section 295A I.P.C., Section 3/5/8 of the Prevention of Cow Slaughter Act and Section 4/25 of the Arms Act, police station Kotwali Nagar, district Balrampur.
It is submitted that the co-accused persons namely Gulam Navi and Sahbaan Ali have already enlarged on bail by this Court vide order dated 5.3.2020 and 11.6.2020 respectively. The case of the accused applicant is similarly situated as compared to the co-accused persons who have been granted bail. The applicant is in jail since 16.11.2019. The accused applicant undertakes that he shall co-operate with the proceedings and shall not evade his presence on the dates fixed.
Learned A.G.A. has opposed the prayer for bail but did not dispute the factual submissions made by the learned counsel for the applicant.
Considering the facts and circumstances of the case, perusing the record and also considering the nature of allegations, arguments advanced by the learned counsel for the parties and without expressing any opinion on the merit of the case, a case for bail is made out.
Let the applicant be released on bail in the aforesaid case crime number on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the Court concerned, subject to 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 :- 19.6.2020 kanhaiya