Allowed

Sazid and 3 Others v. State of U.P.

Allahabad HC22 Nov 2022BAIL/52575/2022

Case brief

AI extract

What is this about?

High Court granted bail to three applicants charged under the Cow Slaughter Act. The court imposed conditions including appearance requirements and warned against misuse of liberty with specific penal provisions. Explicitly reserved final judgment on merits.

What did the court decide?

Applicants enlarged on bail on furnishing personal bond and two local sureties each to court satisfaction, subject to specific appearance undertakings.

Sazid and 3 Others Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2022)

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Court No. - 90

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 52575 of 2022

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Applicant :- Sazid And 3 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 Shiv Shanker Prasad,J.

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

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The present bail application has been filed by the applicants- Sazid, Noor Mohammad alias Bhoora Waqar and Jan Mohammad with a prayer to enlarge them on bail in Case Crime No. 356 of 2022, under Sections 3/5/8 of Cow Slaughter Act, Police Station- Gagalhedi, District- Saharanpur, during the pendency of the trial.

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Learned counsel for the applicants submits that applicants have been falsely implicated in the present case on account of enmity for the purpose of harassment. Applicants committed no offence. A false and fabricated story has been set up by the police. It is further contended that co-accused, namely, Suhail, Izhar, Shams Tabrez and Mohammad Chand Usman alias Chand have already been enlarged on bail by the Coordinate Bench of this Court vide order dated 16.11.2022 passed in Criminal Misc. Bail Application No. 51351 of 2022. The case of the present applicants are similar and identical to that of the aforesaid co-accused. As such, the applicants are also liable to be enlarged on bail. The applicants have no criminal history. Applicants are in jail since 08.10.2022. It is further submitted that there is no possibility of the applicants fleeing away from the judicial process or tampering with the witnesses. In case the applicants are enlarged on bail, he shall not misuse the liberty of bail.

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Per contra learned A.G.A. has opposed the bail prayer of the applicants but he could not dispute the factual submissions as urged by the learned counsel for the applicants.

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Considering the nature of the offence, provision for initiation of cases and release of the accused, material/evidence brought on record, complicity of the accused, severity of punishment as well as the submissions made by the learned counsel for the parties, let the applicants involved in aforesaid case crime be

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released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions:-

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(i) 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.

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(ii) 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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(iii) 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.

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(iv) 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 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 them in accordance with law.

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It is clarified that the observations, if any, made in this order are strictly confined to the disposal of the bail application and must not be construed to have any reflection on the ultimate merits of the case.

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Order Date :- 22.11.2022 SK Srivastava

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Digitally signed by SAILESH KUMAR SRIVASTAVA Date: 2022.11.23 12:39:14 IST Reason: Location: High Court of Judicature at Allahabad

Sazid and 3 Others v. State of U.P.

Case brief

What is this about?

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Sazid and 3 Others v. State of U.P.

Case brief

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