Allowed

Shanu v. State of U.P.

Allahabad HC29 Jan 2020BAIL/4553/2020

Case brief

AI extract

What is this about?

This is an interim bail application filed by Shanu, a labourer charged with cow slaughter. The court granted bail subject to conditions including personal bond, sureties, absence from future proceedings, and compliance with trial dates to prevent abuse of liberty.

What did the court decide?

Enlargement on bail on executing a personal bond and two sureties, subject to specific conditions regarding court attendance and avoiding abuse of liberty.

Shanu Vs State of U.P. — Bail and Remand | Allahabad HC (2020)

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Court No. - 52

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 4553 of 2020

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Applicant :- Shanu Opposite Party :- State of U.P. Counsel for Applicant :- Mukti Nath Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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

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It is submitted by the learned counsel for the applicant that the applicant is labourer. He has not committed the alleged offence, but he has been falsely implicated in the present case due to ill-will of the local police. It is next submitted that there is no public witness of the incident. It is next submitted that there is criminal history of two cases in which the applicant has been granted bail. It is also submitted that there is also no possibility of applicant either fleeing away from the judicial process or tampering with the witnesses. Applicant who is in jail since 12.12.2019, undertakes that he will not misuse the liberty, if granted.

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

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Keeping in view the submissions advanced, evidence, complicity of the accused, reformative theory of punishment and without expressing any opinion on the merit of the case, I find it to be a case of bail.

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Let the applicant- Shanu , involved in Case Crime No.731 of 2019, under Section- 3/8 of Prevention of Cow Slaughter Act, Police Station Kanth, District Shahjahanpur, 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 subject to 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 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 229A 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.

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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.

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Order Date :- 29.1.2020

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Rmk.

Shanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shanu v. State of U.P.

Case brief

What is this about?

What did the court decide?

What the court decided

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