Allowed

Anees v. State of U.P.

Allahabad HC4 Jul 2018BAIL/12626/2018

Case brief

AI extract

What is this about?

This Court allowed a bail application for the applicant accused of offences under the Cow Slaughter Act and Animal Cruelty Act. The Court observed that no independent witness existed against the applicant and that the recovery was false. Bail was granted on furnishing a personal bond and two sureties.

What did the court decide?

The applicant was released on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned.

Anees Vs State of U.P. — Corruption | Allahabad HC (2018)

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Court No. - 41

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Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12626 of 2018

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Applicant :- Anees Opposite Party :- State Of U.P. Counsel for Applicant :- Mirza Ali Zulfaqar,Shams Uz Zaman Counsel for Opposite Party :- G.A.

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Hon'ble Aniruddha Singh,J.

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Heard learned counsel for the applicant, learned A.G.A for the State and perused the record.

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According to prosecution case, FIR was lodged against five accused persons namely Mohd.Rehan, Anees, Irfan @ Kaliya, Jishan, Faizan alleging that on 15.12.2017, Mohd.Rehan & Anees were arrested by the police and three quintals beef with other articles relating to slaughtering were recovered. Irfan @ Kaliya, Jishan and Faizan were fled away.

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It has been submitted by the learned counsel for the applicant that recovery is false and planted. Co-accused Mohd.Rehan was released on bail vide order dated 09.04.2018 in Criminal Misc. Bail Application No.12621 of 2018 by coordinate Bench of this Court, since the role of the applicant is not distinguishable with the role of the co-accused, therefore, the applicant is also entitled for bail. There is no evidence to connect the applicant with the present matter. There is no independent witness against the applicant. Nothing was recovered from the possession of applicant. The applicant is innocent and have been falsely implicated in the present case. He is languishing in jail since 16.12.2017 (more than seven months) having no criminal history and in case he is released on bail, he will not misuse the liberty of bail and will cooperate in trial.

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On the other hand, learned A.G.A opposed the prayer for bail but could not dispute the aforesaid fact as argued by the learned counsel for the applicant.

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Considering the submission of learned counsel for the parties, facts of the case, nature of allegation and period of custody, gravity of offence, without expressing any opinion on the merits of the case, the Court is of the opinion that it is a fit case for bail. Hence, the bail application is hereby allowed.

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Let the applicant Anees , involved in Case Crime No.1028 of 2017, under section 3/5/8 Cow Slaughter Act & 11 Animal Cruelty Act, Police station Sambhal, District Sambhal, be released on bail on furnishing 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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The applicant will not tamper with the evidence during the trial.

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The applicant will not pressurize/intimidate the prosecution witness.

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The applicant will appear before the trial court on the date fixed, unless personal presence is exempted.

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The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected.

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The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence.

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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 :- 4.7.2018 SKD

Anees v. State of U.P.

Case brief

What is this about?

What did the court decide?

Anees v. State of U.P.

Case brief

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