Allahabad High Court
Mohd. Sameer vs State Of U.P. on 26 February, 2020
Author: Chandra Dhari Singh
Bench: Chandra Dhari Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 14 Case :- BAIL No. - 1940 of 2020 Applicant :- Mohd. Sameer Opposite Party :- State of U.P. Counsel for Applicant :- Anil Mishra Counsel for Opposite Party :- G.A. Hon'ble Chandra Dhari Singh,J.
Heard learned counsel for the applicant, learned AGA and perused the record.
The accused-applicant is involved in F.I.R. No.261 of 2019, under Section 3/5A/8 of U.P. Prevention of Cow Slaughter Act & Section 11 of Prevention of Cruelty to Animals Act, P.S. Ajgain, District Unnao.
Learned counsel for the applicant has submitted that the applicant is innocent and has not committed any offence as alleged in the impugned FIR. The applicant has been falsely implicated. The applicant is languishing in jail since 20.08.2019. Charge-sheet has already been filed on 06.10.2019. Co-accused Mohd. Hashim @ Kallu has already been granted bail vide order dated 08.01.2020 passed in Bail No.11770 of 2019.
Learned AGA has opposed the prayer for bail but not contradicted the aforesaid facts.
Taking into consideration the facts and circumstances of the case but without expressing any opinion on merits, let the applicant Mohd. Sameer be released on bail in aforesaid first information report number 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 :- 26.2.2020 nishant/-