Single judge granted bail to applicants in a negligence case under the Cow Slaughter Act, imposing strict conditions regarding presence in court, failure to seek adjournments, and prohibition on tampering with evidence.
Applicants released on bail by furnishing personal bond and two reliable sureties subject to strict conditions of conduct.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- CRIMINAL MISC. BAIL APPLICATION No. - 22606 of 2020
Applicant :- Abdullah And Another Opposite Party :- State of U.P. Counsel for Applicant :- Jitendra Singh Counsel for Opposite Party :- G.A.
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the applicants and learned A.G.A. for the State.
The present bail application has been filed by the applicant in Case Crime No.09 of 2020 under Sections 3/5/8 of Cow Slaughter Act, Police Station- Nizamabad, District- Azamgarh.
It is contended by the learned counsel for the applicant that the applicants have been falsely implicated in the present case. No specific role has been assigned to the applicants. There is no public witness of the alleged crime. It is further contended that the co-accused namely Abushad @ Jumman and Abdul Rab @ Wasiullah have been granted bail by this Court on 04.03.2020 in Criminal Misc. Bail Application No.9879 of 2020. The applicants are languishing in jail since 15.06.2020.
Learned A.G.A., however, opposed the prayer for bail.
Considering the facts and circumstances of the case as also the submissions made, without expressing any opinion as to the merits of the case, this Court is of the opinion that the applicant is entitled to be enlarged on bail.
Let applicants- Abdullah and Baitullah be released on bail in the aforesaid case crime number on their furnishing a personal bond and two reliable sureties of the like amount to the satisfaction of the court concerned subject to following additional conditions, which are being imposed in the interest of justice:-
(i) The applicants shall not tamper with the evidence or threaten the witnesses;
(ii) The applicants shall file an undertaking to the effect that they 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;
(iii) The applicants shall remain present before the trial court on each date fixed, either personally or through their counsel. In case of their absence, without sufficient cause, the trial court may proceed against them under Section 229-A of the Indian Penal Code;
(iv) In case, the applicants misuse the liberty of bail during trial and in order to secure their presence, proclamation under Section 82 Cr.P.C. is issued and the applicants fail to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against them, in accordance with law, under Section 174-A of the Indian Penal Code; and
(v) The applicants 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 applicants are 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 them in accordance with law.
Order Date :- 28.8.2020 Himanshu
3 issues framed by the court
Whether the applicant is entitled to be released on bail under the Cow Slaughter Act having been falsely implicated.
What additional conditions should be imposed on bail to prevent tampering with evidence and abuse of bail.
What consequences follow if the applicant breaches the bail conditions or fails to appear in court.
4 provisions across 2 enactments
Abdullah and Baitullah
State of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
