Allowed

Rizwan v. State of U.P.

Allahabad HC22 Dec 2021BAIL/46878/2021

Case brief

AI extract

What is this about?

Court granted bail to applicant Rizwan in a crime involving cow slaughter under Uttar Pradesh Prevention of Cow Slaughter Act 1955. Bail released on furnishing personal bond with two sureties, subject to specific conditions regarding court appearances and undertakings.

What did the court decide?

Released on bail with personal bond and two sureties subject to specific conditions of appearance and conduct.

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

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Court No. - 51

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 46878 of 2021

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Applicant :- Rizwan Opposite Party :- State of U.P. Counsel for Applicant :- Vijay Kumar Kushwaha Counsel for Opposite Party :- G.A.

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Hon'ble Suneet Kumar,J.

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

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It is urged by learned counsel for the applicant that co-accused Smt. Sanjida and Haseeb have been enlarged on bail by the co-ordinate Bench of this Court. It is urged that applicant was not arrested on the spot; name of the applicant surfaced in the statement of co-accused; the allegation against the applicant is of supplying the cow meat; no recovery has been made from the possession of the applicant; applicant has been falsely implicated. It is lastly submitted that the criminal antecedent has been duly explained and he is languishing in jail since 06.05.2021, there is no likelihood of early disposal of trial and the applicant undertakes that if enlarged on bail, he will never misuse his liberty and will co-operate in the trial.

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

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Without expressing any opinion on the merits of the case and considering the nature of accusation and the severity of punishment in case of conviction and the nature of supporting evidence, reasonable apprehension of tempering of the witnesses and prima facie satisfaction of the Court in support of the charge, the applicant is entitled to be released on bail in this case.

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Let the applicant Rizwan, involved in Case Crime No. 0086 of 2021, under section 3/5/8 of the Uttar Pradesh Prevention of Cow Slaughter Act 1955, Police Station Rahara, District Amroha, be released on bail on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the 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 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

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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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Order Date :- 22.12.2021 K.K. Maurya

Rizwan v. State of U.P.

Case brief

What is this about?

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Rizwan v. State of U.P.

Case brief

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