Allowed¶8

Jisaan v. State of U.P.

Allahabad HC30 Sept 2020BAIL/30137/2020

Case brief

AI extract

What is this about?

Allahabad High Court, Neeraj Tiwari, J., order dated 30.9.2020 in Criminal Misc. Bail Application No. 30137 of 2020: bail allowed to applicant Jisaan in Case Crime No. 39 of 2020 under Sections 3/5/8 Cow Slaughter Act, P.S. Nakur, District Saharanpur; parity with co-accused Vakeel (bail granted 28.9.2020 in Bail Application No. 29788 of 2020); custody since 22.7.2020; bail conditions referencing Section 229A IPC, Section 82 Cr.P.C., Section 174-A IPC and Section 313 Cr.P.C.; breach of conditions ground for cancellation.

What did the court decide?

Applicant Jisaan enlarged on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions. ¶8

Jisaan Vs State of U.P. — Allahabad HC (2020) — LawSathi Research

What the court decided

AI extract

Outcome

Applicant Jisaan enlarged on bail on executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned, subject to the enumerated conditions.

¶8

Issue for consideration

Whether the applicant Jisaan, involved in Case Crime No. 39 of 2020 under Sections 3/5/8 of the Cow Slaughter Act, Police Station Nakur, District Saharanpur, should be enlarged on bail.

¶8

Court's answer

The applicant Jisaan is enlarged on bail in Case Crime No. 39 of 2020 under Sections 3/5/8 of the Cow Slaughter Act on executing a personal bond and two sureties each in the like amount, the Court expressly refraining from expressing any opinion on the merits of the case.

¶8

Ratio / Principle

The bail is made subject to enumerated conditions (no tampering with prosecution evidence, sincere cooperation in trial without adjournments, no criminal activity, presence before the trial court on fixed dates and on specified stages including framing of charge and Section 313 Cr.P.C. statement); breach of any condition shall be a ground for cancellation of bail.

¶17

Detailed headnote1 paragraphs

Bail granted — Case Crime No. 39 of 2020, Sections 3/5/8 Cow Slaughter Act, P.S. Nakur, District Saharanpur — applicant Jisaan enlarged on bail on personal bond and two sureties each in the like amount; parity urged with co-accused Vakeel granted bail by the Court on 28.9.2020 in Criminal Misc. Bail Application No. 29788 of 2020; applicant in jail since 22.7.2020; criminal history of two cases stated to be explained; no opinion expressed on merits. Bail subject to conditions: no tampering with prosecution evidence, cooperation in trial without adjournment, no criminal activity, presence before the trial court on each date (absence without sufficient cause actionable under Section 229A IPC; proclamation under Section 82 Cr.P.C. followed by proceedings under Section 174-A IPC), and personal presence at opening of case, framing of charge and Section 313 Cr.P.C. statement; breach of any condition to be a ground for cancellation of bail.

¶1

Court No. - 72

¶2

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 30137 of 2020

¶3

Applicant :- Jisaan Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

¶4

Hon'ble Neeraj Tiwari,J.

¶5

Heard learned counsel for the applicant and learned A.G.A. for the State.

¶6

It is contended by the learned counsel for the applicant that it is a case of false implication on account of ulterior motives. It is next submitted that the applicant was not arrested on spot. There is no independent witness of the alleged incident. There is criminal history of two cases which are explained. Co-accused Vakeel has been granted bail by this Court vide order dated 28.9.2020 passed in Criminal Misc. Bail Application No. 29788 of 2020, therefore, the applicant is also entitled to be released on bail. It is next contended that there are no chances of the applicant of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicant that the applicant is in jail since 22.7.2020 and in case he is enlarged on bail, he will not misuse the liberty of bail.

¶7

Learned A.G.A. has vehemently opposed the prayer but could not dispute the aforesaid facts.

¶8

Considering the facts and circumstances of the case and also perusing the material on record, without expressing any opinion on the merit of the case, let the applicant- Jisaan , involved in Case Crime No. 39 of 2020, under Section-3/5/8 Cow Slaughter Act, Police Station- Nakur, District Saharanpur be enlarged on bail on his executing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned. It is further provided that this bail order available on the ofÏcial website of the High Court will be taken to be the authentic one and certified copy shall be submitted before that court concerned as soon as it is issued.

¶9

This bail order would be subject to the fulfilment of following conditions:-

¶10

The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation or trial.

¶11

The applicant shall cooperate in the trial sincerely without seeking any adjournment.

¶12

The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

¶13

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 sufÏcient cause, the trial court may proceed against him under Section 229A of the Indian Penal Code;

¶14

In case, the applicant misuses the liberty of bail 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.

¶15

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 default of this condition is deliberate or without sufÏcient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law.

¶16

In case the applicant has been enlarged on short term bail as per the order of committee constituted under the orders of Hon'ble Supreme Court his bail shall be effective after the period of short term bail comes to an end.

¶17

In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

¶18

Order Date :- 30.9.2020 Rmk.

¶19

Digitally signed by Justice Neeraj Tiwari Date: 2020.09.30 16:51:17 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Jisaan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Jisaan v. State of U.P.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

Similar cases

Krishna Rai @ Krishna Bhardwaj Vs State of U.P.

Arun Kumar Sharma Vs State of U.P.

Naveen Kumar Vs State of U.P.

Vakeel Vs State of U.P.

Shishupal Vs State of U.P.

Vikky Vs State of U.P.