Allahabad High Court
Saif Ali Khan vs State Of U.P. on 21 September, 2023
Author: Renu Agarwal
Bench: Renu Agarwal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:182975 Court No. - 77 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 34971 of 2023 Applicant :- Saif Ali Khan Opposite Party :- State of U.P. Counsel for Applicant :- Irshad Ahmad,Amit Kumar Pandey 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.0183 of 2023 under Sections 147, 148, 149, 307 IPC, 3/5A/8 U.P. Prevention of Cow Slaughter Act, 3/4/25 Arms Act and 11 Animal Cruelty Act Police Station Asmauli District Sambhal.
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. Applicant had only taken lift in the offending vehicle and had no concerned with the goods being carried therein. One pistol of 315 bore was planted on the applicant to show good work of the police. There is no independent witness to the recovery. No specific allegation has been made against the applicant. Only a general role of causing injury has been assigned to the applicant and other co-acused persons. No recovery of beef has been made from the vehicle in question. The applicant himself was a person who received injuries. The applicant has no previous criminal history as disclosed in paragraph-22 of the affidavit filed in support of the bail application, however at the time of his implication in the instant case the applicant was also implicated in Case Crime No. 180 of 2023 under Section 3/5/8 U.P. Prevention of Cow Slaughter Act and Section 11 Animal Cruelty Act Police Station Asmauli District Sambhal in which he has been enlarged on bail by the learned court below itself. The applicant is languishing in jail since 26.06.2023, in case he is enlarged on bail, he 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 no beef was found in the vehicle in question, there is no public witness to the incident and to the recovery, the applicant has no previous criminal history and is languishing in jail since 26.06.2023 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 Saif Ali Khan be released on bail in the above case crime number on his 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 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.
(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 he will not change his address without prior intimation to the trial court concerned.
(Renu Agarwal,J.) Order Date :- 21.9.2023 Nadeem