Allowed

Shamshad v. State of U.P.

Allahabad HC29 May 2023BAIL/24057/2023

Case brief

AI extract

What is this about?

In bail application under Cow Slaughter Act and Prohibition of Cruelty against Animals Act, the Allahabad High Court allowed bail with conditions. The court relied on Article 21 and the Apex Court decision in Satender Kumar Antil case, finding the applicant had made out a case for release subject to personal bond and sureties.

What did the court decide?

Release on bail subject to personal bond and two sureties with specific conditions regarding court attendance.

Shamshad Vs State of U.P. — Pension and Retirement Benefits | Allahabad HC (2023)

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Neutral Citation No. - 2023:AHC:119495

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Court No. - 83

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 24057 of 2023

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Applicant :- Shamshad Opposite Party :- State of U.P. Counsel for Applicant :- Shivangi Bhargava Counsel for Opposite Party :- G.A.

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Hon'ble Krishan Pahal,J.

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List has been revised.

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Heard Ms. Shivangi Bhargava, learned counsel for the applicant, Sri Nitin Kesharwani, learned A.G.A. for the State and perused the material placed on record.

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Applicant seeks bail in Case Crime No.145 of 2023, under Sections 3/5/8 of Cow Slaughter Act and Section 11 of Prohibition of Cruelty against Animals Act, Police StationSwar, District- Rampur, during the pendency of trial.

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As per prosecution story, two persons, namely, Ushman and Rizwan were arrested alongwith 90 kg beef by police on 20.4.2023 and it was alleged that some unknown persons have run away from the place of arrest.

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Learned counsel for the applicant has argued that the applicant is absolutely innocent and has been falsely implicated in the present case with a view to cause unnecessary harassment and to victimize him. The applicant is not named in the FIR. His name has come up in the statement of arrested co-accused persons later on, which is not admissible under the Evidence Act. The criminal history of one case assigned to the applicant has been explained. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant is languishing in jail since 22.4.2022. In case, the applicant is released on bail, he will not misuse the liberty of bail.

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Learned A.G.A. has vehemently opposed the bail application.

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Keeping in view the nature of the offence, evidence on record

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regarding complicity of the accused, larger mandate of the Article 21 of the Constitution of India and the dictum of Apex Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation and another reported in 2022 SCC OnLine SC 825 and without expressing any opinion on the merits of the case, the Court is of the view that the applicant has made out a case for bail. The bail application is allowed.

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Let the applicant- Shamshad , who is involved in aforementioned case crime be released on bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned subject to following conditions. Further, before issuing the release order, the sureties be verified.

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(i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the date 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 IPC.

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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., may be issued and if 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 IPC.

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(iv) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) 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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In case of breach of any of the above conditions, it shall be a ground for cancellation of bail.

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It is made clear that observations made in granting bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses.

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[Krishan Pahal, J.]

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Order Date :- 29.5.2023 Vikas

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Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad

Shamshad v. State of U.P.

Case brief

What is this about?

What did the court decide?

Shamshad v. State of U.P.

Case brief

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What did the court decide?

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