Allowed

Ram Chander Yadav v. State of U.P.

Allahabad HC27 Nov 2018BAIL/45040/2018

Case brief

AI extract

What is this about?

The High Court granted bail to the applicant, Ram Chander Yadav, in a case involving cow slaughter allegations. The court imposed specific conditions requiring the applicant's presence at hearing dates and consequences for non-appearance or abuse of liberty, including potential prosecution under IPC and Cr.P.C. sections.

What did the court decide?

Enlargement of bail on personal bond and two sureties subject to conditions regarding court attendance and prohibition of adjournment.

Ram Chander Yadav Vs State of U.P. — Bail and Remand | Allahabad HC (2018)

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Court No. - 62

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 45040 of 2018

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Applicant :- Ram Chander Yadav Opposite Party :- State Of U.P. Counsel for Applicant :- Ashok Kumar Maurya Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Heard Sri A.K.Maurya, learned counsel for the applicant and Sri Abhinav Prasad, learned A.G.A. for the State and perused the record..

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It is submitted by learned counsel for the applicant that the applicant has been falsely implicated in the present case due to ulterior motive by the police in order to show their good work and he has committed no offence. False recovery of 70 Oxen and calves was shown by the police from the joint possessions of the applicant. Nothing has been recovered from his possession. There was no independent witness. The applicant is languishing in jail since 5.10.2018. In case applicant is released on bail, he will not misuse the liberty of bail and will cooperate in the trial.

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Learned A.G.A. opposed the prayer for bail.

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Without expressing any opinion on the merits of the case and keeping in view the nature of submissions advanced, let the applicant- Ram Chander Yadav involved inf Case Crime No. 132 of 2013 under Sections 3/5-A/8 and Sec.11 Cow Slaughter & Prevention of Cruelty to animals Act,, Police Station- Haldi, District Ballia be enlarged on bail on his executing a personal bond and furnishing two sureties subject to the following condition:-

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(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.

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(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.

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(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.

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(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

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of liberty of bail and proceed against him in accordance with law.

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In case of breach of any of the above conditions, the trial court will be at liberty to cancel the bail.

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Order Date :- 27.11.2018 IA

Ram Chander Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

Ram Chander Yadav v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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