Allowed

Hamid v. State of U.P.

Allahabad HC4 Jan 2019BAIL/43503/2018

Case brief

AI extract

What is this about?

Holding that the applicant is to be enlarged on bail with the execution of a personal bond and two sureties, subject to strict conditions regarding attendance, cooperation, and prohibition of adjournments to secure presence during evidence. The court specified legal consequences for breach of conditions.

What did the court decide?

Applicant enlarged on bail on executing personal bond and furnishing two sureties of Rs. Two Lacs each, subject to specific conditions of presence and cooperation.

Hamid Vs State of U.P. — Bail and Remand | Allahabad HC (2019)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 43503 of 2018

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Applicant :- Hamid Opposite Party :- State Of U.P. Counsel for Applicant :- Shivakant Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Kumar Singh,J.

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Counter affidavit filed on behalf of State, is taken on record.

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Heard Sri Shivakant, learned counsel for the applicant and Sri Ravi Singh Parihar, learned A.G.A. appearing for the State.

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Learned counsel for the applicant in support of his prayer for bail submits that the applicant is innocent and he has been falsely implicated in the present case. It is also submitted that the co-accused has also been granted bail by the Court below. It is further submitted that the name of applicant has been come out in the confessional statement of co-accused. Several other submissions in order to demonstrate the falsity of the allegations made against the applicant have also been placed forth before the court. The circumstances which, according to the counsel, led to the false implication of the accused has also been touched upon at length. It has been assured on behalf of the applicant that he is ready to cooperate with the process of law and shall faithfully make himself available before the court whenever required. It has also been submitted that the applicant is aged about 60 years and languishing in jail since 01.09.2018. It is further submitted that the criminal history of the applicant has properly been explained in para 3 to the supplementary affidavit.

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

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Let, the applicant- Hamid involved in Case Crime No. 56 of 2016, under Section 3/5A/8 Cow Slaughter Act, Police Station Hathgaon, District- Fatehpur be enlarged on bail on his executing a personal bond and furnishing two sureties (Rs. Two Lacs each) (One should be of a family member) each in the like amount to the satisfaction of magistrate/court concerned, with the following conditions:-

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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

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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 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 court below shall be at liberty to cancel the bail. Order Date :- 4.1.2019 Arti

Hamid v. State of U.P.

Case brief

What is this about?

What did the court decide?

Hamid v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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