Allahabad High Court
Jamshida vs State Of U.P. on 29 November, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:225187 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 51040 of 2023 Applicant :- Jamshida Opposite Party :- State of U.P. Counsel for Applicant :- Virendra Singh Tomar,Mohd. Naushad,Rajiv Sisodia Counsel for Opposite Party :- G.A. Hon'ble Mrs. Renu Agarwal,J.
1. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
2. The present application under Section 439 Cr.P.C has been filed seeking bail in Case Crime No.223 of 2023 under Section 3/5/8 U.P. Prevention of Cow Slaughter Act Police Station Bhopa District Muzaffarnagar.
3. Learned counsel for the accused-applicant submitted that the applicant is innocent and has been falsely implicated in the instant case due to ulterior motive. 100kg beef is alleged to have been recovered from the chappar of the applicant. There is no public witness to the alleged recovery. No Forensic Science Laboratory report which shows that the alleged recovered substance is prohibited beef has been submitted till date. The applicant has no criminal history apart from this case. The applicant is languishing in jail since 03.10.2023, in case she is enlarged on bail, she will not misuse the liberty of bail and will cooperate in the trial proceedings.
4. On the other hand, learned AGA has opposed the prayer for bail but could not controvert the aforesaid factual matrix.
5. Considering the facts and circumstances of the case and taking into account that there is no public witness to the alleged recovery of beef, no Forensic Science Laboratory report which shows that the alleged recovered substance is prohibited beef has been submitted till date, the applicant has no criminal history apart from this case and without expressing any opinion on the merit of the case, it would be appropriate to enlarge the accused-applicant on bail.
6. The bail application is allowed.
7. Let applicant Jamshida be released on bail in the above case crime number on her furnishing a personal bond and two sureties each in the like amount to the satisfaction of Court concerned with the following conditions :-
(i) The applicant shall file an undertaking to the effect that she 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 her counsel. In case of her 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 her 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 her, 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 her in accordance with law.
(v) The applicant shall also furnish an undertaking from the sureties that the properties (movable/immovable) which are the basis of accepting the surety, shall not be disposed of by them till the conclusion of trial.
(vi) The applicant shall also give an undertaking to the effect that she will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.) Order Date :- 29.11.2023 Nadeem