The High Court allowed bail to Sabu @ Shahbuddin in a cow slaughter and animal cruelty case, finding him entitled to liberty based on unfounded allegations of false implication and lack of independent witnesses.
Enlargement on bail on executing personal bond with two sureties, subject to specific conditions regarding attendance and non-abuse of liberty.
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Court No. - 69
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 13066 of 2019
Applicant :- Sabu @ Shahbuddin Opposite Party :- State Of U.P. Counsel for Applicant :- Farid Ahmed Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard Sri Farid Ahmed, learned counsel for the applicant and learned A.G.A. for the State.
Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case on account of ulterior motive. There is no independent witness of the alleged incident. It is further submitted that nothing has been recovered from the possession of the applicant and a false recovery has been shown from the possession of the applicant, which is planted. Applicant has falsely been roped in one another case which has properly been explained in para 10 to the affidavit filed in support of bail application. The applicant is in jail since 24.02.2019.
Keeping in view the nature of submissions advanced, the applicant is entitled for bail.
Let, the applicant- Sabu @ Shahbuddin involved in Case Crime No. 579 of 2018, under Section 3/5-A/8 Cow Slaughter Act and Section 11 of Prevention of Cruelty to Animals Act, Police Station Kotwali Sambhal, District- Sambhal be enlarged on bail on his executing a personal bond and furnishing two sureties each in the like amount to the satisfaction of magistrate/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.
In case of breach of any of the above conditions, the court below shall be at liberty to cancel the bail. Order Date :- 30.3.2019 Arti
2 issues framed by the court
Whether the applicant is entitled to bail given allegations of false implication and lack of independent witnesses.
Whether conditions precedent for granting bail are satisfied in a non-bailable offence involving cow slaughter.
6 provisions across 3 enactments
Sabu @ Shahbuddin
State Of U.P.
Vivek Kumar Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
