Allowed

Sonu and 2 Others v. State of U.P.

Allahabad HC11 Jan 2021BAIL/1316/2021

Case brief

AI extract

What is this about?

The High Court granted bail to three applicants charged under the Cow Slaughter Act. The court allowed the release subject to a personal bond, two sureties, and strict compliance with specific conditions regarding surrender, trial attendance, and prohibition of tampering with evidence or committal of new crimes.

What did the court decide?

Allowance of bail on personal bond and two sureties each subject to specific conditions regarding trial attendance and conduct.

Sonu and 2 Others Vs State of U.P. — Bail and Remand | Allahabad HC (2021)

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Court No. - 69

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 1316 of 2021

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Applicant :- Sonu And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ashok Kumar Singh Bais Counsel for Opposite Party :- G.A.

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Hon'ble Neeraj Tiwari,J.

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

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It is contended by the learned counsel for the applicants that it is a case of false implication on account of ulterior motives. It is further submitted that applicants were not arrested on the spot. Nothing has been recovered from the possession of the applicant or at his pointing out. There is no independent witness of the alleged incident. Applicants have no criminal history. It is next contended that there are no chances of the applicants of fleeing away from the judicial process or tampering with the prosecution evidence. It is next contended by the learned counsel for the applicants that the applicants are in jail since 03.11.2020 and in case they are enlarged on bail, they will not misuse the liberty of bail.

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

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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 applicants- Sonu, Kalim alias Billi and Shauki alias Chhota , involved in Case Crime No. 415 of 2020, under Section- 3/5-A/8 Cow Slaughter Act, Police Station- Qutubsher, District Saharanpur, be enlarged on bail on their 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 official 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.

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

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

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

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

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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;

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In case, the applicants misuses the liberty of bail and in order to secure their presence proclamation under Section 82 Cr.P.C. is issued and the

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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.

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

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

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

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Order Date :- 11.1.2021 Rmk.

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Digitally signed by Justice Neeraj Tiwari Date: 2021.01.11 17:58:22 IST Reason: Document Owner Location: High Court of Judicature at Allahabad

Sonu and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

Sonu and 2 Others v. State of U.P.

Case brief

What is this about?

What did the court decide?

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